CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 3 Definitions
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 3
DefinitionsIn this Act—
"acceptable proof of age", in relation to a person, means documentary evidence that might reasonably be accepted as applying to the person and as showing that the person is an adult;
"adult" means a person who is 18 or older;
"advertisement" has the same meaning as in the Commonwealth Act;
S. 3 def. of Advertising Scheme inserted by No. 33/2009 s. 4.
"Advertising Scheme" means the scheme for the advertising of unclassified films and unclassified computer games that is determined from time to time under section 31(1) of the Commonwealth Act;
"approved advertisement" means an advertisement approved under section 29 of the Commonwealth Act;
S. 3 def. of approved form substituted by No. 5/2008 s. 4(1).
"approved form" means a form approved under section 8A of the Commonwealth Act;
S. 3 def. of assessed inserted by No. 33/2009 s. 4.
"assessed", in relation to an unclassified film or an unclassified computer game, means assessed in accordance with the Advertising Scheme or under section 33 of the Commonwealth Act;
"Board" means the Classification Board established by the Commonwealth Act;
business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993 ;
"buy" means buy or exchange or hire and includes offer to buy or exchange or hire, agree to buy, exchange or hire and cause or permit to be bought or exchanged or hired, whether by retail or wholesale;
S. 3 def. of classification certificate amended by No. 36/2015 s. 4(a).
"classification certificate" means a certificate issued under section 22CG or 25 of the Commonwealth Act;
"classified" means classified under the Commonwealth Act and includes re‑classified under that Act;
S. 3 def. of Code substituted by No.
6/2005
s. 4.
"Code" means the National Classification Code, set out in the Schedule to the Commonwealth Act as originally enacted, as amended in accordance with section 6 of the Commonwealth Act;
S. 3 def. of commercial quality
inserted by No. 60/1998
s. 4.
"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 computer game;
"Commonwealth Act" means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth;
Commonwealth Gazette means the Commonwealth of Australia Gazette;
"computer game" has the same meaning as in the Commonwealth Act;
S. 3 def. of consumer advice amended by No. 36/2015 s. 4(b).
"consumer advice" means consumer advice determined under section 20 of the Commonwealth Act or consumer advice that, in accordance with section 22CF(5) of the Commonwealth Act, is taken to be consumer advice determined under section 20 of the Commonwealth Act;
S. 3 def. of contentious material substituted by No. 69/2001 s. 4(a).
"contentious material" has the same meaning as in the Commonwealth Act;
S. 3 def. of Convenor inserted by No. 5/2008 s. 4(2).
"Convenor" means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act;
"court" means the Magistrates' Court;
"demonstrate" includes exhibit, display, screen or make available for playing;
"Deputy Director" means Deputy Director of the Classification Board appointed under section 48 of the Commonwealth Act;
"determined markings" means markings determined under section 8 of the Commonwealth Act;
"Director" means Director of the Classification Board appointed under section 48 of the Commonwealth Act;
S. 3 def. of exempt computer game inserted by No. 69/2001 s. 4(b).
"exempt computer game" has the same meaning as in the Commonwealth Act;
S. 3 def. of exempt film inserted by No. 69/2001 s. 4(b).
"exempt film" has the same meaning as in the Commonwealth Act;
"exhibit", in relation to a film, means project or screen;
"film" has the same meaning as in the Commonwealth Act;
guardian means an adult who is exercising parental control over a minor;
S. 3 def. of international flight inserted by No. 69/2001 s. 4(c).
"international flight", in relation to an aircraft, means a flight that passes through the air space over the territory of more than one country and includes any part of the flight that may occur within Australia;
S. 3 def. of international voyage inserted by No. 69/2001 s. 4(c).
"international voyage", in relation to a vessel, means a voyage, whether direct or indirect, between a place in Australia and a place outside Australia and includes any part of the voyage that may occur within Australia;
"minor" means a person who is under 18;
S. 3 def. of objectionable film amended by No. 6/2005 ss 5(a), 10(1)(a).
objectionable film means a film or an advertisement for a film, not being an approved advertisement, that—
(a) describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a manner that is likely to cause offence to a reasonable adult; or
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(c) promotes, incites or instructs in matters of crime or violence; or
(d) is classified RC or X 18+ or would, if classified, be classified RC or X 18+ or has been, or would be, refused approval, as the case requires;
S. 3 def. of objectionable publication amended by No. 6/2005 s. 10(1)(b).
objectionable publication means a publication that—
(a) describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a manner that is likely to cause offence to a reasonable adult; or
(b) lacks serious literary, artistic, political, educational or scientific value and describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a manner that a reasonable adult would generally regard as unsuitable for minors; or
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(d) promotes, incites or instructs in matters of crime or violence; or
(e) is classified RC or would, if classified, be classified RC;
S. 3 def. of place amended by No. 69/2001 s. 4(d).
"place" includes vacant land, premises, a vehicle, a vessel and an aircraft (except a vessel on an international voyage or an aircraft on an international flight);
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 19.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
public place means any place which the public is entitled to use or which is open to, or used by the public, whether on payment of money or otherwise;
"publication" has the same meaning as in the Commonwealth Act;
"publish" includes sell, offer for sale, let on hire, exhibit, display, distribute and demonstrate;
"restricted publications area" means any premises, or part of any premises, constructed and managed in accordance with section 76;
S. 3 def. of Review Board inserted by No. 69/2001 s. 4(e).
"Review Board" means the Classification Review Board established by the Commonwealth Act;
"sell" means sell or exchange or let on hire, and includes offer or display for sale or exchange or hire, agree to sell, exchange or hire and cause or permit to be sold or exchanged or hired, whether by retail or wholesale;
S. 3 def. of subject to a conditional cultural exemption inserted by No. 36/2015 s. 9.
subject to a conditional cultural exemption has the same meaning as in the Commonwealth Act;
S. 3 def. of submittable publication substituted by No. 69/2001 s. 4(f).
"submittable publication" has the same meaning as in the Commonwealth Act and includes a publication called in by the Director under section 60.