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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Censorship Amendment Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 1 amended, consequential amendments,
transitional and validation 2
5. Section 3 amended 3
6. Section 128A amended 3
Part 2 -- Changes relating to
investigation of child pornography
7. Section 117 amended 4
8. Section 141 amended 5
Part 3 -- Changes relating to
infringement notices
9. Section 117F amended 6
10. Section 117G amended 6
11. Section 117J amended 6
Part 4 -- Classification changes
reflecting national scheme
12. Section 3 amended 7
13. Section 57 amended 7
14. Section 69 amended 7
15. Section 70 amended 8
16. Section 71 amended 8
17. Section 72 amended 8
065--2 page i
Censorship Amendment Bill 2005
Contents
18. Section 73 amended 8
19. Section 77 amended 9
20. Section 78 amended 9
21. Section 79 amended 9
22. Section 80 amended 9
23. Section 81 amended 10
24. Section 85 amended 10
25. Section 88 amended 10
26. Section 89 amended 10
27. Section 91 amended 11
28. Section 92 amended 11
29. Section 93 amended 11
30. Section 94 amended 12
31. Section 95 amended 12
32. Section 110 amended 13
33. Section 117 amended 13
34. Section 117A amended 13
35. Section 141A amended 13
36. Transitional 13
Part 5 -- Display of MA 15+ Computer
Games
37. Section 85A inserted 14
Schedule 1 -- Consequential
amendments 15
1. Co-operative Schemes (Administrative Actions)
Act 2001 amended 15
2. The Criminal Code amended 15
3. Prostitution Act 2000 amended 16
Schedule 2 -- Transitional 17
1. Transitional provisions for films and advertisements
with older ratings 17
2. Transitional provisions for computer games and
advertisements with older ratings 17
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Censorship Amendment Bill 2005
A Bill for
An Act to amend the Censorship Act 1996 and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Censorship Amendment Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Censorship Amendment Act 2005.
2. Commencement
5 (1) This Act, other than Part 4, comes into operation on a day fixed
by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
(3) Part 4 is deemed to have come into operation on 26 May 2005.
10 3. The Act amended
The amendments in this Act are to the Censorship Act 1996*
unless otherwise indicated.
[* Reprint 1 as at 28 November 2003.
For subsequent amendments see Western Australian
15 Legislation Information Tables for 2004, Table 1 p. 55.]
4. Section 1 amended, consequential amendments, transitional
and validation
(1) Section 1 is amended by deleting "Censorship" and inserting
instead --
20 "
Classification (Publications, Films and Computer
Games) Enforcement
".
(2) Schedule 1 sets out consequential amendments.
25 (3) A reference in any Act or regulation to the "Censorship
Act 1996" shall, unless the context otherwise requires, be read
and construed as a reference to the Classification (Publications,
Films and Computer Games) Enforcement Act 1996.
page 2
Censorship Amendment Bill 2005
Preliminary Part 1
s. 5
(4) The reference in the Community Protection (Offender
Reporting) Act 2004* Schedule 2 or the Working with Children
(Criminal Record Checking) Act 2004 Schedule 2 to the
Classification (Publications, Films and Computer Games)
5 Enforcement Act 1996 is taken to include, and always to have
included, a reference to the Censorship Act 1996.
[* Act No. 72 of 2004.]
5. Section 3 amended
Section 3 is amended in the definition of "Registrar" by deleting
10 "Censorship".
6. Section 128A amended
Section 128A(1) is amended by deleting "Censorship".
page 3
Censorship Amendment Bill 2005
Part 2 Changes relating to investigation of child pornography
s. 7
Part 2 -- Changes relating to investigation of
child pornography
7. Section 117 amended
(1) Section 117(2a)(c) is amended after "child pornography," by
5 inserting --
"
or an article highly likely to be, or highly likely
to contain, child pornography,
".
10 (2) Section 117(2a) is amended by deleting "under this Part".
(3) Section 117(3) is amended by deleting "seized under
section 112 or under a search warrant" and inserting instead --
" lawfully seized ".
(4) Section 117(6) is amended as follows:
15 (a) at the end of paragraph (a) by deleting "or";
(b) at the end of paragraph (b) by deleting the full stop and
inserting --
"
; or
20 (c) if the court is satisfied that it is appropriate for
a member of the police force to be given more
time to investigate or analyse evidence relating
to the seized thing, the court may order that the
thing be held in the custody of the member of
25 the police force for such further period as the
court thinks fit.
".
page 4
Censorship Amendment Bill 2005
Changes relating to investigation of child pornography Part 2
s. 8
(5) After section 117(8) the following subsection is inserted --
"
(9) In this section --
"lawfully seized" means lawfully seized in relation to
5 an alleged offence under this Act.
".
8. Section 141 amended
Section 141 is amended as follows:
(a) in paragraph (a) after "is" by inserting --
10 " , or was, ";
(b) in paragraph (a) after "are" by inserting --
" , or were, ";
(c) in paragraph (b) after "is" by inserting --
" , or was, ";
15 (d) in paragraph (c) by inserting after "is not" in both places
where it occurs --
" , or was not, ";
(e) in paragraph (d) after "is" by inserting --
" , or was, ";
20 (f) in paragraph (d) after "approved or has" by inserting --
" , or had, ";
(g) in paragraph (d) after "approval or has not" by
inserting --
" , or had not, ".
page 5
Censorship Amendment Bill 2005
Part 3 Changes relating to infringement noticesi
s. 9
Part 3 -- Changes relating to infringement notices
9. Section 117F amended
Section 117F is amended by inserting after "A" --
"
5 member of the police force authorised by the
Commissioner of Police or a
".
10. Section 117G amended
Section 117G(1) is amended by inserting after "A" --
10 "
commissioned officer of the police force authorised by
the Commissioner of Police or a
".
11. Section 117J amended
15 After section 117J(3) the following subsection is inserted --
"
(4) A member of the police force who has been authorised
by the Commissioner of Police to extend time on, or
withdraw, an infringement notice under section 117F
20 or 117G cannot exercise either power in relation to an
infringement notice issued by that member.
".
page 6
Censorship Amendment Bill 2005
Classification changes reflecting national scheme Part 4
s. 12
Part 4 -- Classification changes reflecting
national scheme
12. Section 3 amended
Section 3 is amended in the definition of "contentious material"
5 by deleting "M (15+), MA (15+)" and inserting instead --
" M, MA 15+ ".
13. Section 57 amended
Section 57 is amended as follows:
(a) in paragraph (b) by deleting "MA, R or X" and inserting
10 instead --
" MA 15+, R 18+ or X 18+ ";
(b) in paragraph (c) by deleting "G (8+), M (15+) or
MA (15+)" and inserting instead --
" PG, M or MA 15+ ".
15 14. Section 69 amended
(1) Section 69(1) is amended by deleting "classified X" and
inserting instead --
" classified X 18+ ".
(2) Section 69(2) is amended by deleting "classified X" in both
20 places where it occurs and inserting instead --
" classified X 18+ ".
(3) Section 69(3) is amended by deleting "classified X" in both
places where it occurs and inserting instead --
" classified X 18+ ".
page 7
Censorship Amendment Bill 2005
Part 4 Classification changes reflecting national scheme
s. 15
15. Section 70 amended
(1) Section 70(1) is amended by deleting "R or MA" in both places
where it occurs and inserting instead --
" R 18+ or MA 15+ ".
5 (2) Section 70(3) is amended by deleting "classified R" in both
places where it occurs and inserting instead --
" classified R 18+ ".
16. Section 71 amended
(1) Section 71(1) is amended by deleting "X or R" in both places
10 where it occurs and inserting instead --
" X 18+ or R 18+ ".
(2) Section 71(2) is amended by deleting "X or R" and inserting
instead --
" X 18+ or R 18+ ".
15 (3) Section 71(3) is amended by deleting "classified R" and
inserting instead --
" classified R 18+ ".
17. Section 72 amended
Section 72(1) is amended by deleting "classified MA" and
20 inserting instead --
" classified MA 15+ ".
18. Section 73 amended
Section 73 is amended by deleting "or X" and inserting
instead --
25 " or X 18+ ".
page 8
Censorship Amendment Bill 2005
Classification changes reflecting national scheme Part 4
s. 19
19. Section 77 amended
Section 77(1) is amended by deleting "or X" and inserting
instead --
" or X 18+ ".
5 20. Section 78 amended
Section 78 is amended by deleting "classified R" in both places
where it occurs and inserting instead --
" classified R 18+ ".
21. Section 79 amended
10 (1) Section 79(1) is amended by deleting "classified R" and
inserting instead --
" classified R 18+ ".
(2) Section 79(3) is amended by deleting "X or R" and inserting
instead --
15 " X 18+ or R 18+ ".
(3) Section 79(4) is amended by deleting "classified MA" and
inserting instead --
" classified MA 15+ ".
(4) Section 79(6) is amended by deleting "classified X" in both
20 places where it occurs and inserting instead --
" classified X 18+ ".
22. Section 80 amended
Section 80 is amended by deleting "classified X" in both places
where it occurs and inserting instead --
25 " classified X 18+ ".
page 9
Censorship Amendment Bill 2005
Part 4 Classification changes reflecting national scheme
s. 23
23. Section 81 amended
Section 81(2) is amended as follows:
(a) in paragraph (a) by deleting "X, R or MA" and inserting
instead --
5 " X 18+, R 18+ or MA 15+ ";
(b) in paragraph (b) by deleting "classified X" and inserting
instead --
" classified X 18+ ".
24. Section 85 amended
10 (1) Section 85(1) is amended by deleting "MA (15+)" and inserting
instead --
" MA 15+ ".
(2) Section 85(2) is amended by deleting "MA (15+)" in both
places where it occurs and inserting instead --
15 " MA 15+ ".
(3) Section 85(3) is amended by deleting "MA (15+)" in both
places where it occurs and inserting instead --
" MA 15+ ".
25. Section 88 amended
20 Section 88(1) is amended by deleting "MA (15+)" and inserting
instead --
" MA 15+ ".
26. Section 89 amended
(1) Section 89(2) is amended by deleting "MA (15+)" and inserting
25 instead --
" MA 15+ ".
page 10
Censorship Amendment Bill 2005
Classification changes reflecting national scheme Part 4
s. 27
(2) Section 89(3) is amended by deleting "MA (15+)" and inserting
instead --
" MA 15+ ".
27. Section 91 amended
5 Section 91(1)(b) is amended by deleting "or X" and inserting
instead --
" or X 18+ ".
28. Section 92 amended
The Table to section 92 is deleted and the following Table is
10 inserted instead --
"
Table
Item Column 1 Column 2
Feature film Advertised film
1 G G
2 PG PG or G
3 M M, PG or G
4 MA 15+ MA 15+, M, PG or G
5 R 18+ R 18+, MA 15+, M, PG or G
".
29. Section 93 amended
15 (1) Section 93(1) is amended by deleting "R or MA" and inserting
instead --
" R 18+ or MA 15+ ".
(2) Section 93(2) is amended as follows:
(a) in paragraph (a) by deleting "classified MA" and
20 inserting instead --
" classified MA 15+ ";
page 11
Censorship Amendment Bill 2005
Part 4 Classification changes reflecting national scheme
s. 30
(b) in paragraph (a) by deleting "classified R or MA" and
inserting instead --
" classified R 18+ or MA 15+ ";
(c) in paragraph (b) by deleting "classified R" in both
5 places where it occurs and inserting instead --
" classified R 18+ ".
30. Section 94 amended
The Table to section 94 is deleted and the following Table is
inserted instead --
10 "
Table
Item Column 1 Column 2
Feature film Advertised film
1 G G
2 PG PG or G
3 M M, PG or G
4 MA 15+ MA 15+, M, PG or G
5 R 18+ R 18+, MA 15+, M, PG or G
".
31. Section 95 amended
The Table to section 95 is deleted and the following Table is
15 inserted instead --
"
Table
Item Column 1 Column 2
Main game Advertised computer game
1 G G
2 PG PG or G
3 M M, PG or G
4 MA 15+ MA 15+, M, PG or G
".
page 12
Censorship Amendment Bill 2005
Classification changes reflecting national scheme Part 4
s. 32
32. Section 110 amended
Section 110 is amended as follows:
(a) in paragraph (a) by deleting "X, R or MA" and inserting
instead --
5 " X 18+, R 18+ or MA 15+ ";
(b) in paragraph (b) by deleting "or MA (15+)" and
inserting instead --
" or MA 15+ ".
33. Section 117 amended
10 Section 117(2a)(a) is amended by deleting "or X" and inserting
instead --
" or X 18+ ".
34. Section 117A amended
Section 117A(7)(b) is amended by deleting "X or" and inserting
15 instead --
" X 18+ or ".
35. Section 141A amended
Section 141A(2) is amended by deleting "X or" and inserting
instead --
20 " X 18+ or ".
36. Transitional
Schedule 2 sets out transitional provisions.
page 13
Censorship Amendment Bill 2005
Part 5 Display of MA 15+ Computer Games
s. 37
Part 5 -- Display of MA 15+ Computer Games
37. Section 85A inserted
After section 85 the following section is inserted --
"
5 85A. Display of MA 15+ computer games or containers
A person must not display in a public place --
(a) a computer game classified MA 15+; or
(b) the container, wrapping or casing for a
computer game classified MA 15+,
10 with the intention of selling or supplying the computer
game except in an area of the public place set aside by
that person and conspicuously identified, as an area for
the display of computer games, or containers, wrapping
or casings for computer games, with that classification.
15 Penalty: $500.
".
page 14
Censorship Amendment Bill 2005
Consequential amendments Schedule 1
Schedule 1 -- Consequential amendments
[s. 4]
1. Co-operative Schemes (Administrative Actions) Act 2001 amended
(1) The amendments in this clause are to the Co-operative Schemes
5 (Administrative Actions) Act 2001*.
[* Act No. 31 of 2001.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 67.]
(2) Section 3 is amended in paragraph (aa) of the definition of
10 "commencement time" by deleting "Censorship Act" and inserting
instead --
"
Classification (Publications, Films and
Computer Games) Enforcement Act
15 ".
(3) Section 4(1) is amended in paragraph (aa) of the definition of
"relevant State Act" by deleting "Censorship Act" and inserting
instead --
"
20 Classification (Publications, Films and
Computer Games) Enforcement Act
".
2. The Criminal Code amended
(1) The amendments in this clause are to The Criminal Code*.
25 [* Reprint 12 as at 1 June 2005 (see the Schedule to the Criminal
Code Act 1913 appearing as Appendix B to the Criminal Code
Compilation Act 1913).]
page 15
Censorship Amendment Bill 2005
Schedule 1 Consequential amendments
(2) Section 557K(1) is amended in the definition of "child sex offender"
by deleting "Censorship Act" in the 4 places where it occurs and
inserting instead --
"
5 Classification (Publications, Films and
Computer Games) Enforcement Act
".
3. Prostitution Act 2000 amended
(1) The amendments in this clause are to the Prostitution Act 2000*.
10 [* Act No. 17 of 2000.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 361.]
(2) Schedule 1 is amended by deleting "Censorship" and inserting
instead --
15 "
Classification (Publications, Films and Computer Games)
Enforcement
".
page 16
Censorship Amendment Bill 2005
Transitional Schedule 2
Schedule 2 -- Transitional
[s. 36]
1. Transitional provisions for films and advertisements with older
ratings
5 If, just before Part 4 commenced, a film or advertisement had a
classification of a type mentioned in column 2 of the following Table,
in relation to an item, then, for the purposes of applying the
Classification (Publications, Films and Computer Games)
Enforcement Act 1996 after that Part commences, the film or
10 advertisement is taken to have, and to have had at all times before that
Part commenced when it had that classification, the classification of
the type mentioned in column 3 of the Table in relation to the item.
Table
Film and advertisement classifications
Column 1 Column 2 Column 3
Item Former type of New type of
classification classification
1 M (15+) M
2 MA (15+) MA 15+
3 R R 18+
4 X X 18+
2. Transitional provisions for computer games and advertisements
15 with older ratings
If, just before Part 4 commenced, a computer game or advertisement
had a classification of a type mentioned in column 2 of the following
Table, in relation to an item, then, for the purposes of applying the
Classification (Publications, Films and Computer Games)
20 Enforcement Act 1996 after that Part commences, the computer game
or advertisement is taken to have, and to have had at all times before
that Part commenced when it had that classification, the classification
of the type mentioned in column 3 of the Table in relation to the item.
page 17
Censorship Amendment Bill 2005
Schedule 2 Transitional
Table
Computer game and advertisement classifications
Column 1 Column 2 Column 3
Item Former type of New type of
classification classification
1 G (8+) PG
2 M (15+) M
3 MA (15+) MA 15+
page 18
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