Western Australian Consolidated Acts (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.]