Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act, unless
the contrary intention appears —
acceptable proof of age , in relation to a person,
means documentary evidence that might reasonably be accepted as applying to
the person and as showing that the person is an adult;
adult means a person who is 18 years of age
or older;
advertisement has the same meaning as in the
Commonwealth Act;
approved advertisement means an advertisement
approved under section 29 of the Commonwealth Act;
approved form means a form approved by the
Director and published in the Commonwealth Gazette;
article includes —
(a) a
publication;
(b) a
film;
(c) a
computer programme and associated data;
(d) a
photograph;
(e) an
object;
(f) a
sound recording; and
(g) an
advertisement for any article;
authorised person means a person appointed under
section 112(1);
Board means the Classification Board established
by the Commonwealth Act;
business day means a day other than a Saturday, a
Sunday, or a public holiday;
buy means buy or exchange or hire and includes
offer to buy or exchange or hire, agree to buy, exchange or hire and cause or
permit to be bought or exchanged or hired, whether by retail or wholesale;
child pornography means an article that describes
or depicts, in a manner that is likely to cause offence to a reasonable adult,
a person who is, or who looks like, a child under 16 years of age
(whether the person is engaged in sexual activity or not);
classification certificate means a certificate
issued under section 25 of the Commonwealth Act;
classified means classified under the Commonwealth
Act and includes reclassified under that Act;
Commonwealth Act means the Classification
(Publications, Films and Computer Games) Act 1995 of the Commonwealth;
Commonwealth Gazette means the Commonwealth of
Australia Gazette;
computer game has the same meaning as in the
Commonwealth Act;
consumer advice means consumer advice determined
under section 20 of the Commonwealth Act;
contentious material , in relation to a computer
game, means material that would be likely to cause it to be classified M,
MA 15+ or RC;
demonstrate includes exhibit, display, screen,
play or make available for playing;
Deputy Director means Deputy Director of the
Classification Board appointed under section 48 of the Commonwealth Act;
determined markings means markings determined
under section 8 of the Commonwealth Act;
Director means Director of the Classification
Board appointed under section 48 of the Commonwealth Act;
exempt computer game has the same meaning as in
the Commonwealth Act;
exempt film has the same meaning as in the
Commonwealth Act;
exhibit , in relation to a film, means project or
screen;
film has the same meaning as in the Commonwealth
Act;
international flight , in relation to an aircraft,
means a flight that passes through the air space over the territory of more
than one country and includes any part of the flight that may occur within
Australia;
international voyage , in relation to a vessel,
means a voyage, whether direct or indirect, between a place in Australia and a
place outside Australia and includes any part of the voyage that may occur
within Australia;
minor means a person who is under 18 years of
age;
place includes vacant land, premises, a vehicle, a
vessel and an aircraft (except a vessel on an international voyage or an
aircraft on an international flight);
publication has the same meaning as in the
Commonwealth Act;
public place includes —
(a) a
place to which free access is allowed to the public with the express or
implied approval of the owner or occupier of that place;
(b) a
place to which the public are admitted on payment of consideration;
(c) a
place on private property that the public are allowed to use as a thoroughfare
for pedestrians or vehicles, or both;
(d) a
public place covered by water; and
(e) a
school;
publish includes sell, exhibit, display,
distribute and demonstrate;
registered person means a person registered under
section 129;
registered premises means premises registered
under section 130;
Registrar means the Registrar appointed under
section 128A;
Review Board means the Classification Review Board
established by the Commonwealth Act;
sell includes —
(a)
sell, whether by retail or wholesale;
(b) let
on hire;
(c)
expose for sale or hire;
(d)
distribute for sale or letting on hire;
(e)
offer or agree to do an Act mentioned in paragraphs (a) to (d); and
(f)
cause or permit to be done an Act mentioned in paragraphs (a) to
(e);
sound recording includes a gramophone record,
wire, disc, recording tape or other device or thing by or on which words or
sounds are recorded and from which they are capable of being reproduced;
submittable publication has the same meaning as in
the Commonwealth Act and includes a publication called in by the Director
under section 102A.
[Section 3 amended by No. 30 of 2003
s. 5; No. 10 of 2006 s. 5 and 12.]