Queensland Numbered Acts

CLASSIFICATION OF COMPUTER GAMES AND IMAGES AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 3 - SECT 43

(1) Section 228E(3), example—

omit, insert—

'Example—

A Brisbane medical school is given an exemption under the Classification of Publications Act 1991 to allow the medical school to possess photographs of tortured children and to distribute the photographs to medical students. The exemption is subject to a condition that the students are not allowed to distribute the photographs to anyone else or remove the photographs from the premises of the medical school. Amy, a medical student, gives some of the photographs to her brother Bob and also takes some of the photographs home. Neither Amy nor Bob could claim a defence under this subsection, because their possession of the photographs is not consistent with the exemption.'.

(2) Section 228E(5)—

omit, insert—

'(5) It is a defence for the person to prove that the material alleged to be child exploitation material is a computer game, film or publication that is classified as something other than RC.'.

(3) Section 228E(8), definition certificate—

insert—

'(iii) for a film—a certificate mentioned in the Classification of Films Act 1991, section 60(1) signed or purporting to be signed by the director or convenor within the meaning of that Act.'.

(4) Section 228E(8), definition classification exemption, paragraph (b)—

renumber as paragraph (c).

(5) Section 228E(8), definition classification exemption—

insert—

'(b) for a film—the Classification of Films Act 1991, section 59A; or'.

(6) Section 228E(8), definition classification exemption, paragraph (b), before '59A'—

insert—

'57 or'.