Western Australian Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1996 - SECT 102C

102C .         Calling in computer games for classification

        (1)         If —

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

            (b)         the computer game is being published in Western Australia, or the Director or the Minister has reasonable grounds to believe that it will be published in Western Australia,

                the Director or the Minister may, by notice in writing given to the publisher of the game, require the publisher to submit an application for classification of the game.

        (2)         If —

            (a)         the Director or the Minister has reasonable grounds to believe that a computer game is not an exempt computer game; and

            (b)         the computer game is being published in Western Australia, or the Director or the Minister has reasonable grounds to believe that it will be published in Western Australia,

                the Director or the Minister 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.

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

        (4)         The Minister must cause notice of his or her decision under subsection (1) or (2) to be published in the Government Gazette .

        (5)         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: $10 000.

        (6)         It is a defence to a prosecution for an offence against subsection (5) to prove that the accused did not intend —

            (a)         to publish the computer game in Western Australia; or

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

        [Section 102C inserted by No. 30 of 2003 s. 22; amended by No. 84 of 2004 s. 82.]



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