Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 3

Definitions

3. Definitions



In 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;

approved advertisement means an advertisement approved under section 29 of the
Commonwealth Act;

approved form means a form approved under section 8A 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;

classification certificate means a certificate issued under section 25 of the
Commonwealth Act;

classified means classified under the Commonwealth Act and includes
re-classified under that Act; 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out in the Schedule to the Commonwealth Act as originally enacted, as amended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;

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;

consumer advice means consumer advice determined under section 20 of the
Commonwealth Act; contentious material has the same meaning as in the
Commonwealth Act;

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; exempt computer game has the same meaning as in the
Commonwealth Act;

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;
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; 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;

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;

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

* * * * *

   (d)  promotes, incites or instructs in matters of crime or violence; or

   (e)  is classified RC or would, if classified, be classified RC;

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);

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; 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; submittable
publication has the same meaning as in the Commonwealth Act and includes a
publication called in by the Director under section 60.