Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 21 July 2006 of the
Classification (Publications, Films and Computer Games) Enforcement Act
1996 and includes the amendments made by the other written laws referred to
in the following table 4. The table also contains information
about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|
Censorship Act 1996
5 |
40 of 1996 |
10 Oct 1996 |
5 Nov 1996 (see s. 2 and Gazette
5 Nov 1996 p. 5845) |
|
Censorship Amendment
Act 2003 6 |
30 of 2003 |
26 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
27 Jun 2003 p. 2383) |
|
Reprint 1: The Censorship Act 1996 as at 28 Nov
2003 (includes amendments listed above) |
|||
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004
p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005
p. 53)) |
|
Censorship Amendment Act 2006 7,
8 |
10 of 2006 |
8 May 2006 |
Pt. 4 and Sch. 2: 26 May 2005 (see s.
2(3)); |
|
Reprint 2: The Classification (Publications, Films and
Computer Games) Enforcement Act 1996 as at 21 Jul 2006
(includes amendments listed above) |
|||
2 Under the Alteration of Statutory Designations Order (No.
2) 1997 a reference in any law to the Police Department shall be read
and construed as a reference to the department in the Public Service designated
as the Police Service.
3 Repealed by s. 153 of this Act.
4 The amendment in the Acts Amendment and Repeal (Courts and
Legal Practice) Act 2003 s. 16 is not included because the section
it sought to amend had been repealed by the Censorship Amendment
Act 2003 s. 35 before the amendment purported to come into
operation.
5 Now known as the Classification (Publications, Films and
Computer Games) Enforcement Act 1996; short title changed (see note
under s. 1).
6 The Censorship Amendment Act 2003 s. 45-49
read as follows:
“
45. Transitional and savings
provisions: publications
(1) A publication that —
(a) has been classified Unrestricted under the Censorship
Act 1996; and
(b) has not been classified under the Commonwealth Act,
is taken to have been classified Unrestricted under the Commonwealth Act
until it is classified under that Act.
(2) A publication that —
(a) has been classified restricted under the Censorship
Act 1996; and
(b) has not been classified under the Commonwealth Act,
is taken to have been classified Category 2 restricted under the
Commonwealth Act until it is classified under that Act.
(3) A publication that —
(a) has been classified refused under the Censorship Act 1996;
and
(b) has not been classified under the Commonwealth Act,
is taken to have been classified RC under the Commonwealth Act until it
is classified under that Act.
(4) If a publication —
(a) is classified Category 1 restricted under the Commonwealth Act;
or
(b) is classified Category 2 restricted under the Commonwealth Act, or is
taken to be so classified under subsection (3) of this section,
a person selling or supplying the publication is not required to comply
with section 64(4) or 65(6) of the Censorship Act 1996 as
amended by this Act for a period of 90 days after the coming into operation
of this Act.
(5) A person who, immediately before the commencement of this section, is
a registered person is taken, under and subject to the Censorship
Act 1996, to be registered for the purpose of selling publications
classified Category 1 restricted and Category 2 restricted.
46. Transitional and savings
provisions: films and advertisements
(1) A film that —
(a) has been classified G, PG, M, MA, R, X or RC under the Censorship
Act 1996; and
(b) has not been classified under the Commonwealth Act,
is taken to have been so classified under the Commonwealth Act.
(2) An advertisement for a film that, before the commencement of this
section —
(a) has been approved or refused approval under the Censorship
Act 1996; and
(b) has not been approved or refused approval under the Commonwealth
Act,
is taken to have been so approved or refused approval under the
Commonwealth Act.
(3) If a certificate of exemption in respect of an unclassified film has
been granted under the Censorship Act 1996 and is in force, the
certificate is taken to have been granted under section 33 of the
Commonwealth Act.
47. Transitional and savings
provisions: computer games
(1) A computer game that —
(a) has been classified G, G(8+), M(15+), MA(15+) or RC under the
Censorship Act 1996; and
(b) has not been classified under the Commonwealth Act,
is taken to have been so classified under the Commonwealth Act.
(2) An advertisement for a computer game that —
(a) has been approved or refused approval under the Censorship
Act 1996; and
(b) has not been approved or refused approval under the Commonwealth
Act,
is taken to have been so approved or refused approval under the
Commonwealth Act.
(3) Section 86(4) and (5) of the Censorship Act 1996, as
inserted by section 13 of this Act, apply to a computer game whether
published before or after the commencement of section 13 of this
Act.
48. Transitional: calling in, review
and reclassification
(1) Sections 102A, 102B, 102C and 102D of the Censorship
Act 1996, as inserted by section 22 of this Act, only apply
to —
(a) a publication, film or computer game first published on or after the
commencement of section 22 of this Act; or
(b) a publication, film or computer game for
which an application for classification is made on or after that
commencement.
(2) Sections 102E and 102F of the Censorship Act 1996, as
inserted by section 22 of this Act, apply to a publication, film or
computer game whether published before or after the commencement of
section 22 of this Act.
Section 141A of the Censorship Act 1996 as amended by
this Act applies in relation to proceedings for offences commenced after the
commencement of section 38 of this Act whether the offences were committed
before or after the commencement of section 38.
7 The Censorship Amendment Act 2006 s. 36,
which gives effect to Sch. 2, reads as follows:
“
Schedule 2 sets out transitional provisions.
”.
Schedule 2 reads as follows:
“
[s. 36]
1. Transitional provisions for films
and advertisements with older ratings
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 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 |
|
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 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) 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.
Table
|
Computer game and advertisement
classifications |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
1 |
G (8+) |
PG |
|
2 |
M (15+) |
M |
|
3 |
MA (15+) |
MA 15+ |
”.
8 The Censorship Amendment Act 2006 s. 4(3) and (4)
read as follows:
“
(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.
(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) Enforcement Act 1996 is taken to include, and
always to have included, a reference to the Censorship
Act 1996.
”.