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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 24

Calling in computer games for classification

  (1)   If:

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

  (b)   the computer game is being published in the Australian Capital Territory, or the Director has reasonable grounds to believe that it will be published in the Australian Capital Territory;

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

  (1A)   If:

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

  (b)   the game is being published in the Australian Capital Territory, or the Director has reasonable grounds to believe that it will be published in the Australian Capital Territory; and

  (c)   if the computer game is being published in the Australian Capital Territory--the computer game is not subject to a conditional cultural exemption in relation to the publication;

the Director 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)   The Director must cause notice of a decision under subsection   ( 1) or (1A) to be published in the Gazette .

  (3)   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: 20 penalty units.

  (4)   An offence against subsection   ( 3) is a strict liability offence.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (5)   It is a defence to a prosecution for an offence against subsection   ( 3) if the defendant proves that he or she did not intend to:

  (a)   publish the computer game in the Australian Capital Territory; or

  (b)   cause, authorise, permit or licence the computer game to be published in the Australian Capital Territory.


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