Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 40

Computer games to bear determined markings and consumer advice

40. Computer games to bear determined markings and consumer advice



(1) A person must not sell a computer game unless the determined markings
relevant to the classification of the computer game and relevant consumer
advice, if any, are displayed on the container, wrapping or casing of the
computer game.

Penalty: in the case of a natural person, 20 penalty units; in the case of a
body corporate, 50 penalty units.

(2) A person must not sell an unclassified computer game if the container,
wrapping or casing in which the computer game is sold bears a marking that
indicates or suggests that the computer game has been classified.

Penalty: in the case of a natural person, 20 penalty units; in the case of a
body corporate, 50 penalty units.

(3) A person must not sell a classified computer game if the container,
wrapping or casing in which the computer game is sold bears a marking that
indicates or suggests that the computer game is unclassified or has a
different classification.

Penalty: in the case of a natural person, 20 penalty units; in the case of a
body corporate, 50 penalty units.

(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 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, 20 penalty units; in the case of a
body corporate, 50 penalty units.

(3B) If two or more computer games are available for playing on a device
referred to in subsection (3A), the determined markings and consumer advice to
be displayed on the device are those relevant to the computer game with the
highest classification under the Commonwealth Act.

(4) If-

   (a)  a computer game is reclassified under section 39 of the Commonwealth
        Act; or

   (b)  the Board revokes a classification or 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 revocation is sufficient
compliance with this section for a period of 14 days after the decision to
reclassify or revoke takes effect.