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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Classification (Publications, Films and Computer Games)
(R 18+ Films) Amendment Bill 2009
A BILL FOR
An Act to amend the Classification (Publications, Films and Computer
Games) Act 1995.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Classification (Publications,
Films and Computer Games) Act 1995
4 Amendment of section
4—Interpretation
5 Insertion of section
40A
40A Keeping R 18+ films with other
films
6 Insertion of section 69A
69A Liability of
occupier for R 18+ film advertisements in video stores etc
7 Amendment
of section 80—Powers of entry, seizure and forfeiture
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Classification (Publications, Films and
Computer Games) (R 18+ Films) Amendment Act 2009.
This Act will come into operation 1 month after the day on which it is
assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Classification (Publications, Films and
Computer Games) Act 1995
4—Amendment of
section 4—Interpretation
Section 4—after the definition of adult
insert:
adult-only premises means premises to which entry is
restricted to adults;
After section 40—insert:
40A—Keeping R 18+ films with other
films
(1) An occupier of premises (other than adult-only premises) at which
films with a classification lower than R 18+ are sold must not display
material for a film classified R 18+ at the premises —
(a) unless—
(i) the material is displayed in a different area (including, for example,
in a different aisle or on a different shelving case, stand or table) from that
in which material for other films is displayed; and
(ii) the area is marked as an area displaying material for films
classified R 18+ by a notice complying with subsection (2) displayed
in a prominent place near the area; and
(iii) the surface area of the material that is on display (for example,
the front cover of a DVD container where that is on display) is not more than
300 cm²; or
(b) unless, at all times while on display, the material bears no images or
markings other than—
(i) the name of the film in letters of 10 millimetres or less in
height; and
(ii) the determined markings relevant to its classification.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) A notice required to be displayed under subsection (1)(a) must
contain the following statement (printed in legible type of at least
15 millimetres in height and of a colour that contrasts with the background
colour of the notice):
R 18+ FILMS AREA—THE PUBLIC ARE WARNED THAT MATERIAL DISPLAYED IN
THIS AREA MAY CAUSE OFFENCE.
(3) It is a defence to a prosecution for an offence against
subsection (1) to prove that the defendant—
(a) did not know, and could not reasonably have known, that the material
was on the premises; or
(b) took all reasonable steps to prevent the commission of the
offence.
(4) In this section—
material for a film means—
(a) a disc or other device on which the film is recorded; or
(b) a container, wrapping, casing or other item that bears images or
markings representing the film.
(5) Nothing in this section permits the exhibition of a film or part of a
film classified R 18+ at premises to which this section applies.
After section 69—insert:
69A—Liability of occupier for R 18+ film
advertisements in video stores etc
(1) An occupier of premises (other than adult-only premises) at which
films with a classification lower than R 18+ are sold must
not—
(a) exhibit for promotional purposes at the premises a film or part of a
film classified R 18+; or
(b) display for promotional purposes at the premises a poster, pamphlet or
other printed material in relation to a film classified R 18+.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) It is a defence to a prosecution for an offence against
subsection (1) to prove that the defendant took all reasonable steps to
prevent the commission of the offence.
(3) This section does not apply to material for a film, within the meaning
of section 40A, that is lawfully displayed in accordance with that
section.
7—Amendment of
section 80—Powers of entry, seizure and forfeiture
(1) Section 80(7)—after "38," insert:
40A,
(2) Section 80(7)—delete " or 65" and insert:
, 65 or 69A,