Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 61

Calling in computer games for classification

61. Calling in computer games for classification



(1) If-

   (a)  the Director has reasonable grounds to believe that a computer game is
        likely to contain contentious material; and





   (b)  the computer game is being published 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 game,
require the publisher to submit an application for classification of the game.

(1A) If-

   (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 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, require the publisher to submit an application for classification of the
computer game.

(2) The Director must cause notice of a decision under subsection (1) or (1A)
to be published in the Commonwealth Gazette.

(3) A person to whom a notice under this section 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 subsection (3) to
prove that the defendant did not intend-

   (a)  to publish the computer game in Victoria; or

   (b)  to cause, authorise, permit or license the computer game to be
        published in Victoria.