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This is a Bill, not an Act. For current law, see the Acts databases.
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) AMENDMENT BILL 2008 (NO 2)
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Classification
(Publications, Films and Computer Games) (Enforcement) Amendment Bill 2008 (No
2)
A Bill for
An Act to amend the
Classification
(Publications, Films and Computer Games) (Enforcement) Act
1995
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Classification (Publications, Films and Computer Games)
(Enforcement) Amendment Act 2008 (No 2).
(1) This Act (other than schedule 2) commences on the day after its
notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
(2) Schedule 2 commences on the later of—
(a) the day after this Act’s notification day; and
(b) the commencement of the Classification (Publications, Films and
Computer Games) Amendment (Assessments and Advertising) Act 2008 (Cwlth),
schedule 1.
This Act amends the Classification (Publications, Films and Computer
Games) (Enforcement) Act 1995.
insert
• under
5 Dictionary,
definition of computer game
substitute
computer game—see the Commonwealth Act, section 5A
(Meaning of computer game).
Schedule
1 Amendments consequential on the
Classification (Publications, Films and Computer Games) Amendment Act 2007
(Cwlth)
(see s 3)
insert
5A Films consisting only of classified
films
(1) This section applies to a film that—
(a) is on 1 device; and
(b) consists only of 2 or more classified films.
(2) Despite any other provision of this Act, the film is to be treated,
for this Act, as if each of the classified films were on a separate
device.
insert
(3) A person does not commit an offence against subsection (2) in relation
to a classified film if either or both of the following apply:
(a) the film—
(i) is exhibited under a title different from that under which it is
classified; and
(ii) is contained on 1 device that consists only of 2 or more classified
films;
(b) the classified film is exhibited with modifications mentioned in the
Commonwealth Act, section 21 (2).
insert
(2) A person does not commit an offence against subsection (1) in relation
to a classified film if either or both of the following apply:
(a) the film—
(i) is sold under a title different from that under which it is
classified; and
(ii) is contained on 1 device that consists only of 2 or more classified
films;
(b) the film is sold with modifications mentioned in the Commonwealth Act,
section 21 (2).
omit
, section 22B (3) (Classification of a publication, film or computer game
that may be the same as or similar to a classified item)
omit
, section 22B (3) (Classification of a publication, film or computer game
that may be the same as or similar to a classified item)
[1.6] Section
53B (1) (b) (ii)
omit
decided by the director
substitute
determined
[1.7] Section
53B (3) (b)
omit
, section 22B (3) (Classification of a publication, film or computer game
that may be the same as or similar to a classified item)
substitute
(1) The Minister or director may, on application, by notice, exempt an
organisation approved under section 57—
(a) in relation to the exhibition of a film at an event that is specified
in the notice from the provisions of this Act specified in the notice;
or
(b) in relation to all or any of the organisation’s activities or
functions that relate to films or computer games.
[1.9] New
section 57 (2A)
insert
(2A) An organisation may be approved for section 56 (1) (b) only if the
organisation—
(a) is established under an Act; and
(b) carries on activities of an educational, cultural or artistic
nature.
omit
subsection (3)
substitute
subsection (2A) or (3)
omit
or deputy director
substitute
, deputy director or convenor
[1.12] Dictionary,
definition of approved form
substitute
approved form means a form approved under the Commonwealth
Act, section 8A.
[1.13] Dictionary,
new definition of convenor
insert
convenor means the Convenor of the Review Board appointed
under the Commonwealth Act, section 74.
Schedule
2 Amendments consequential on the
Classification (Publications, Films and Computer Games) Amendment (Assessments
and Advertising) Act 2008 (Cwlth)
(see s 3)
substitute
(1) A person commits an offence if the person publishes an advertisement
for an unclassified film otherwise than in accordance with the advertising
scheme or a transitional Commonwealth regulation.
Maximum penalty: 50 penalty units.
omit
[2.3] New
section 50 (2A)
insert
(2A) A person commits an offence if the person publishes an advertisement
for an unclassified computer game otherwise than in accordance with the
advertising scheme.
Maximum penalty: 30 penalty units.
insert
(5) In this section:
transitional Commonwealth regulation means a regulation under
the Classification (Publications, Films and Computer Games) Amendment
(Assessments and Advertising) Act 2008 (Cwlth), schedule 1, item
13.
Note Item 13 allows for transitional regulations in relation to the
advertising of unclassified films that had been granted a certificate of
exemption by the board under the Commonwealth Act, s 33 as in force before the
commencement of item 13.
[2.5] New
section 51 (1A)
insert
(1A) A person commits an offence if—
(a) the person screens an advertisement for an unclassified film in a
public place; and
(b) the advertisement does not comply with the advertising
scheme.
Maximum penalty: 50 penalty units.
[2.6] New
section 53 (1A)
insert
(1A) A person commits an offence if—
(a) the person sells a classified film (the feature film);
and
(b) the feature film is accompanied by an advertisement for an
unclassified film; and
(c) the advertisement does not comply with the advertising
scheme.
Maximum penalty: 50 penalty units.
[2.7] New
section 53A (1A)
insert
(1A) A person commits an offence if—
(a) the person sells or demonstrates a classified computer game (the
main game) in a public place; and
(b) the main game is accompanied by an advertisement for an unclassified
computer game; and
(c) the advertisement does not comply with the advertising
scheme.
Maximum penalty: 50 penalty units.
[2.8] Dictionary,
new definition of advertising scheme
insert
advertising scheme means the scheme determined from time to
time under the Commonwealth Act, section 31 (1).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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