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This is a Bill, not an Act. For current law, see the Acts databases.
2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Classification (Publications, Films and Computer Games) (Enforcement) Amendment Bill 2012
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 2012.
This Act commences on 1 January 2013.
Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995.
substitute
41 Demonstration of R 18+ and MA 15+ computer games
(1) A person commits an offence if—
(a) the person demonstrates a computer game classified R 18+ or MA 15+ in a public place; and
(b) either—
(i) the determined markings are not exhibited before the computer game can be played; or
(ii) entry to the public place is not restricted to—
(A) for a computer game classified R 18+—adults; or
(B) for a computer game classified MA 15+—adults, or children accompanied by a parent or guardian while in the place.
Maximum penalty:
(a) for a computer game classified R 18+—50 penalty units; or
(b) for a computer game classified MA 15+—20 penalty units.
(2) An offence against this section is a strict liability offence.
substitute
42 Demonstration of unclassified, RC, R 18+ and MA 15+ computer games
omit
classified RC or MA 15+
substitute
classified RC, R 18+ or MA 15+
7 Section 42 (1), penalty, new paragraph (ab)
insert
(ab) for a computer game classified R 18+ or an unclassified computer game that is subsequently classified R 18+—50 penalty units; or
substitute
43 Private demonstration of RC or R 18+ computer games in presence of child
omit
classified RC
substitute
classified RC or R 18+
substitute
Maximum penalty:
(a) for a computer game classified RC or an unclassified computer game that is subsequently classified RC—50 penalty units; or
(b) for a computer game classified R 18+ or an unclassified computer game that is subsequently classified R 18+—50 penalty units.
11 Sale or delivery of certain computer
games to child
Section 46
omit
classified RC
substitute
classified RC or R 18+
substitute
Maximum penalty:
(a) for a computer game classified RC or an unclassified computer game that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both; or
(b) for a computer game classified R 18+ or an unclassified computer game that is subsequently classified R 18+—50 penalty units.
13 Leaving computer games in certain
places
Section 47
omit
classified RC or MA 15+
substitute
classified RC, R 18+ or MA 15+
insert
(ab) for a computer game classified R 18+ or an unclassified computer game that is subsequently classified R 18+—50 penalty units, imprisonment for 6 months or both; or
15 Processing or copying computer game
for purpose of sale or demonstration
Section 48 (4)
omit
classified MA 15+
substitute
classified R 18+, MA 15+
substitute
Part 6A Enforcement for X 18+ films and R 18+ computer games
Division 6A.1 Enforcement
substitute
54T Definitions—div 6A.1
18 Section 54T, new definition of R 18+ computer game
insert
R 18+ computer game includes an unclassified computer game and a computer game classified RC.
19 Powers of entry, search
etc
Section 54W (1) (a)
omit
to which a licence relates
after
X 18+ films
insert
or a defined offence in relation to an R 18+ computer game
insert
(6) In this section:
defined offence, in relation to an R 18+ computer game—see section 54Y.
substitute
Division 6A.2 Seized films and computer games
substitute
54Y Definitions—div 6A.2
In this division:
classified does not include classified RC.
defined offence means—
(a) in relation to a seized film—an offence in relation to the film against—
(i) this Act; or
(ii) the Crimes Act 1900; or
(iii) the Publications Control Act 1989; or
(iv) the Business Franchise (“X” Videos) Act 1990; and
(b) in relation to a seized computer game—an offence in relation to the computer game against—
(i) this Act; or
(ii) the Crimes Act 1900, section 66; or
(iii) the Criminal Code 1995 (Cwlth), section 474.26.
defined period, in relation to a seized film or computer game, means—
(a) 120 days after the seizure of the film or computer game; or
(b) any extended, or further extended, period that is approved under section 54YB (1).
seized film or computer game means a film or computer game seized under section 54W.
24 Extension of defined
period
Section 54YB
after
film
insert
or computer game
omit
X 18+, R 18+, MA 15+, M, PG or G
after
film
insert
or computer game
omit
X 18+, R 18+, MA 15+, M, PG or G
substitute
54ZA Return of seized films or computer games
after
film
insert
or computer game
omit
X 18+, R 18+, MA 15+, M, PG or G
substitute
54ZB Destruction of seized films or computer games
after
film
insert
or computer game
omit
X 18+, R 18+, MA 15+, M, PG or G
after
film
insert
or computer game
insert
(5) In this section:
licence—see section 54A.
after
film
insert
or computer game
37 Dictionary, definition of classified
substitute
classified—
(a) means classified under the Commonwealth Act, and includes reclassified under that Act; and
(b) for division 6A.2 (Seized films and computer games)—see section 54Y.
38 Dictionary, definitions of defined offence and defined period
substitute
defined offence, in relation to a seized film or computer game, for division 6A.2 (Seized films and computer games)—see section 54Y.
defined period, in relation to a seized film or computer game, for division 6A.2 (Seized films and computer games)—see section 54Y.
39 Dictionary, new definition of R 18+ computer game
insert
R 18+ computer game, for division 6A.1 (Enforcement)—see section 54T.
40 Dictionary, definition of seized film
omit
41 Dictionary, new definition of seized film or computer game
insert
seized film or computer game, for division 6A.2 (Seized films and computer games)—see section 54Y.
42 Dictionary, definition of X 18+ film, paragraph (b)
omit
6.4
substitute
6A.1
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 29 March 2012.
2 Notification
Notified under the Legislation Act on 2012.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2012
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