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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 (R 18+ Computer Games)
Bill 2012
No , 2012
A Bill for
An Act to amend the Classification (Publications, Films and Computer Games)
Enforcement Act 1995 to provide for the enforcement of an R 18+ classification
category for computer games; and for related purposes.
Classification (Publications, Films and Computer Games) Enforcement
Clause 1 Amendment (R 18+ Computer Games) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Classification (Publications, Films and Computer 3
Games) Enforcement Amendment (R 18+ Computer Games) Act 2012. 4
2 Commencement 5
This Act commences on 1 January 2013, or on the date of assent to this 6
Act, whichever is the later. 7
3 Repeal of Classification (Publications, Films and Computer Games) 8
Enforcement Amendment (Uniform Classification) Act 2004 No 82 9
The Classification (Publications, Films and Computer Games) 10
Enforcement Amendment (Uniform Classification) Act 2004 is 11
repealed. 12
Page 2
Classification (Publications, Films and Computer Games) Enforcement
Amendment (R 18+ Computer Games) Bill 2012
Amendment of Classification (Publications, Films and Computer Games) Schedule 1
Enforcement Act 1995 No 63
Schedule 1 Amendment of Classification 1
(Publications, Films and Computer 2
Games) Enforcement Act 1995 No 63 3
[1] Section 15 Films to display determined markings and consumer advice 4
Omit "section 39 or 97A of" from section 15 (4) (a). 5
[2] Section 27 Sale or public demonstration of unclassified or RC computer 6
games prohibited 7
Insert "or R 18+" after "MA 15+" in the second dot point in the penalty 8
provision. 9
[3] Section 30 Sale or delivery of RC, R 18+ or MA 15+ computer games to 10
minors prohibited 11
Insert after section 30 (1): 12
(1A) A person must not sell or deliver to a minor a computer game 13
classified R 18+, or an unclassified computer game that would, if 14
classified, be classified R 18+, unless the person is a parent or 15
guardian of the minor. 16
Maximum penalty: 100 penalty units for an individual, 17
200 penalty units for a corporation. 18
(1B) It is a defence to a prosecution for an offence under 19
subsection (1A) to prove that: 20
(a) the minor, before being sold or delivered the computer 21
game, produced to the defendant (or the defendant's 22
employee or agent) documentary evidence that might 23
reasonably be accepted as applying to the minor and as 24
showing that the minor was an adult, or 25
(b) the defendant (or the defendant's employee or agent) 26
believed on reasonable grounds that the minor was an 27
adult, or 28
(c) the minor was employed by the defendant and the delivery 29
took place in the course of that employment. 30
[4] Section 30A 31
Insert after section 30: 32
30A Parents not to permit minors to attend demonstration of RC or 33
R 18+ computer games 34
A person who is the parent or guardian of a minor must not permit 35
the minor to attend the demonstration in a public place of a 36
Page 3
Classification (Publications, Films and Computer Games) Enforcement
Amendment (R 18+ Computer Games) Bill 2012
Schedule 1 Amendment of Classification (Publications, Films and Computer Games)
Enforcement Act 1995 No 63
computer game classified RC or R 18+ or an unclassified 1
computer game that would, if classified, be classified RC or 2
R 18+. 3
Maximum penalty: 20 penalty units. 4
[5] Section 31 Minors over 15 not to buy or attend demonstration of RC or 5
R 18+ computer games 6
Insert "or R 18+" after "RC" wherever occurring. 7
[6] Section 31A 8
Insert after section 31: 9
31A R 18+ computer games not to be publicly demonstrated in 10
presence of minors 11
(1) A person must not publicly demonstrate a computer game 12
classified R 18+ if a minor is present during any part of the 13
demonstration. 14
Maximum penalty: 50 penalty units for an individual, 15
100 penalty units for a corporation. 16
(2) It is a defence to a prosecution for an offence under this section 17
to prove that: 18
(a) the minor, before being admitted to the part of the public 19
place in which the computer game was demonstrated, 20
produced to the defendant (or the defendant's employee or 21
agent) documentary evidence that might reasonably be 22
accepted as applying to the minor and as showing that the 23
minor was an adult, or 24
(b) the defendant (or the defendant's employee or agent) 25
believed on reasonable grounds that the minor was an 26
adult, or 27
(c) the minor was employed by the defendant and the 28
demonstration took place in the course of that 29
employment. 30
[7] Section 33 Private demonstration of RC or R 18+ computer games in 31
presence of minors 32
Insert after section 33 (1): 33
(1A) A person must not privately demonstrate in the presence of a 34
minor a computer game classified R 18+, or an unclassified 35
computer game that would, if classified, be classified R 18+, 36
unless the person is a parent or guardian of the minor. 37
Maximum penalty: 50 penalty units. 38
Page 4
Classification (Publications, Films and Computer Games) Enforcement
Amendment (R 18+ Computer Games) Bill 2012
Amendment of Classification (Publications, Films and Computer Games) Schedule 1
Enforcement Act 1995 No 63
[8] Section 34 Computer games to display determined markings and 1
consumer advice 2
Insert "R 18+ or" after "classified" in section 34 (1). 3
[9] Section 34 (5) (a) 4
Omit "section 39 of". 5
[10] Section 41 Advertisements with computer games 6
Omit the note to section 41 (2). 7
[11] Section 53 Exemptions for public libraries 8
Insert ", or computer game," after "film" in paragraph (a) of the definition of 9
restricted material in section 53 (1). 10
[12] Schedule 1 Savings and transitional provisions 11
Insert at the end of clause 1 (1): 12
any other Act that amends this Act 13
Page 5
Classification (Publications, Films and Computer Games) Enforcement
Amendment (R 18+ Computer Games) Bill 2012
Schedule 2 Amendment of Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2001 No 95
Schedule 2 Amendment of Classification 1
(Publications, Films and Computer 2
Games) Enforcement Amendment Act 3
2001 No 95 4
[1] Schedule 2 Amendments relating to on-line services 5
Omit the definition of matter unsuitable for minors (but not the note to the 6
definition) from proposed section 45A. 7
Insert instead: 8
matter unsuitable for minors means Internet content consisting 9
of: 10
(a) a film or computer game that is classified R 18+, or 11
(b) a film or computer game that would, if classified, be 12
classified R 18+, or 13
(c) an advertisement for any film or computer game classified 14
R 18+, or that would, if classified, be classified R 18+, 15
consisting of or containing an extract or sample from the 16
film or computer game comprising moving images. 17
[2] Schedule 2, proposed section 45A, definition of "objectionable matter" 18
Omit "X" wherever occurring. Insert instead "X 18+". 19
Page 6
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