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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 62
As laid on the table and read a first time, 24 November 2004
South Australia
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 15—Types of
classifications
5 Amendment of section 30—Exhibition
of RC and X 18+ films
6 Amendment of section 31—Prohibition
of exhibition of R 18+ or MA 15+ films in certain places
7 Amendment of section 32—Attendance
of minor at certain films—offence by parents etc
8 Amendment of section 33—Attendance
of minor at certain films—offence by minor
9 Amendment of section 34—Private
exhibition of certain films in presence of minor
10 Amendment of section 35—Attendance of
minor at R 18+ film—offence by exhibitor
11 Amendment of section 36—Attendance of
minor at MA 15+ film—offence by exhibitor
12 Amendment of section 38—Sale of RC and
X 18+ films
13 Amendment of section 41—Keeping unclassified or RC or X 18+ films with other films
14 Amendment of section 42—Sale or
delivery of certain films to minors
15 Amendment of section 44—Leaving films
in certain places
16 Amendment of section 45—Possession or
copying of film for purpose of sale or exhibition
17 Amendment of section 57—MA 15+
computer games
18 Amendment of section 58—Demonstration
of unclassified, RC and MA 15+ computer games
19 Amendment of section 62—Sale or
delivery of certain computer games to minors
20 Amendment of section 63—Power to
demand particulars and expel unaccompanied minors under 15
21 Amendment of section 64—Leaving
computer games in certain places
22 Amendment of section 67—Certain films, publications and computer games not to be
advertised
23 Amendment of section 68—Screening of
advertisements with feature films
24 Amendment of section 69—Liability of
occupier for certain advertisements
25 Amendment of section 70—Sale of
feature films with advertisements
26 Amendment of section 71—Advertisements
with computer games
27 Amendment of section 75A—Interpretation
28 Amendment of section 80B—Forfeiture of
other seized films, publications and computer games
29 Amendment of section 83A—Proof of
classification by consent
30 Amendment of section 84—Protection for
classified material against prosecutions under indecency etc laws
31 Amendment of section 88—Publication to
prescribed person or body
Part 3—Transitional provisions
32 Application of Act
33 Conversion of
certain pre-commencement classifications to equivalent new classifications
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Classification (Publications,
Films and Computer Games) (Types of Classifications) Amendment Act 2004.
This Act will come into operation on a day to be fixed by
proclamation.
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 15—Types of classifications
(1) Section 15(1)—delete "(Refused
Classification)" and substitute:
Refused Classification
(2) Section 15(2) and (3)—delete subsections
(2) and (3) and substitute:
(2) The following are the different types of
classifications for films in ascending order:
(a) G
General
(b) PG
Parental Guidance
(c) M
Mature
(d) MA
15+ Mature Accompanied
(e) R
18+ Restricted
(f) X
18+ Restricted
(g) RC
Refused Classification.
(3) The following are the different types of
classifications for computer games in ascending order:
(a) G
General
(b) PG
Parental Guidance
(c) M
Mature
(d) MA
15+ Mature Accompanied
(e) RC
Refused Classification.
(4) In
subsections (1), (2) and (3), text that is not in bold is included by way of
explanation and does not form part of the classification.
5—Amendment of section 30—Exhibition of RC and X 18+ films
Section 30—delete "X" wherever
occurring and substitute in each case:
X 18+
6—Amendment of section 31—Prohibition of exhibition of R 18+ or MA 15+ films in certain places
Section 31—delete "R or MA" and
substitute:
R 18+ or MA 15+
7—Amendment of section 32—Attendance of minor at certain films—offence by parents etc
Section 32—delete "X or R"
wherever occurring and substitute in each case:
X 18+ or R 18+
8—Amendment of section 33—Attendance of minor at certain films—offence by minor
Section 33—delete "X or R" and
substitute:
X 18+ or R 18+
9—Amendment of section 34—Private exhibition of certain films in presence of minor
(1) Section 34(1)—delete "X " wherever occurring and substitute in each case:
X 18+
(2) Section 34(2)—delete "R " and substitute:
R 18+
10—Amendment of section 35—Attendance of minor at R 18+ film—offence by exhibitor
Section 35(1)—delete "
R" and substitute:
R 18+
11—Amendment of section 36—Attendance of minor at MA 15+ film—offence by exhibitor
Section 36(1)—delete "
MA" and substitute:
MA 15+
12—Amendment of section 38—Sale of RC and X 18+ films
Section 38—delete "X
" wherever occurring and substitute in each case:
X 18+
13—Amendment of section 41—Keeping unclassified or RC or X 18+ films with other films
Section 41(1)—delete "
X" and substitute:
X 18+
14—Amendment of section 42—Sale or delivery of certain films to minors
(1) Section 42(1)—delete "X " wherever occurring and substitute in each case:
X 18+
(2) Section 42(2)—delete "R " and substitute:
R 18+
(3) Section 42(5)—delete "X or R" and
substitute:
X 18+ or R 18+
(4) Section 42(6)—delete "MA" and
substitute:
MA 15+
15—Amendment of section 44—Leaving films in certain places
(1) Section 44(1)—delete "X " wherever occurring and substitute in each case:
X 18+
(2) Section 44(2)—delete "R or MA " wherever occurring and substitute in each case:
R 18+ or MA 15+
16—Amendment of section 45—Possession or copying of film for purpose of sale or exhibition
Section 45(1)—delete "X"
wherever occurring and substitute in each case:
X 18+
17—Amendment of section 57—MA 15+ computer games
Section 57—delete "MA (15+)" and
substitute:
MA 15+
18—Amendment of section 58—Demonstration of unclassified, RC and MA 15+ computer games
Section 58(2)—delete "MA (15+)"
wherever occurring and substitute in each case:
MA 15+
19—Amendment of section 62—Sale or delivery of certain computer games to minors
Section 62(2)—delete "MA (15+)"
and substitute:
MA 15+
20—Amendment of section 63—Power to demand particulars and expel unaccompanied minors under 15
Section 63(4)—delete "MA (15+)"
and substitute:
MA 15+
21—Amendment of section 64—Leaving computer games in certain places
Section 64(2)—delete "MA (15+)"
wherever occurring and substitute in each case:
MA 15+
22—Amendment of section 67—Certain films, publications and computer games not to be advertised
Section 67(1)(b)—delete
"X" and substitute:
X 18+
23—Amendment of section 68—Screening of advertisements with feature films
(1) Section 68, table—delete "
MA " wherever occurring and substitute in each case:
MA 15+
(2) Section 68, table—delete "R " wherever occurring and substitute in each case:
R 18+
24—Amendment of section 69—Liability of occupier for certain advertisements
(1) Section 69—delete "R
" wherever occurring and substitute in each case:
R 18+
(2) Section 69—delete "MA
" wherever occurring and substitute in each case:
MA 15+
25—Amendment of section 70—Sale of feature films with advertisements
(1) Section 70, table—delete "
MA " wherever occurring and substitute in each case:
MA 15+
(2) Section 70, table—delete "R " wherever occurring and substitute in each case:
R 18+
26—Amendment of section 71—Advertisements with computer games
(1) Section 71, table—delete "G(8+) " wherever occurring and substitute in each case:
PG
(2) Section 71, table—delete "M(15+) " wherever occurring and substitute in each
case:
M
(3) Section 71, table—delete "MA(15+) " wherever occurring and substitute in each
case:
MA 15+
27—Amendment of section 75A—Interpretation
(1) Section 75A, definition of matter
unsuitable for minors—delete "R "
wherever occurring and substitute in each case:
R 18+
(2) 75A, definition of objectionable
matter—delete "X " wherever
occurring and substitute in each case:
X 18+
28—Amendment of section 80B—Forfeiture of other seized films, publications and computer games
Section 80B(7)(a)(i)—delete "X" and substitute:
X 18+
29—Amendment of section 83A—Proof of classification by consent
Section 83A(2)—delete
"X" and substitute:
X 18+
Section 84—delete "X" wherever
occurring and substitute in each case:
X 18+
31—Amendment of section 88—Publication to prescribed person or body
Section 88(a)—delete "X, R or
MA" and substitute:
X 18+, R 18+ or MA 15+
Part 3—Transitional provisions
(1) The
amendments made by this Act apply to the doing of things on or after the
commencement of this Act.
(2) The
insertion of section 15(4) by this Act does not affect the interpretation of
the Classification (Publications, Films and Computer Games) Act 1995
as in force before the inclusion of that provision.
33—Conversion of certain pre-commencement classifications to equivalent new classifications
(1) A film that, immediately before the
commencement of this Act, had a classification of a type specified in column 2
of an item in the Table, is, for the purpose of applying the Classification (Publications,
Films and Computer Games) Act 1995 after that commencement, to be
taken to have, and to have had at all times before that commencement when it
had that classification, the classification of the type specified opposite it
in column 3 of that item.
|
|
TABLE |
|
|
Film classifications |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Item |
Former type of classification |
New type of classification |
|
1 |
MA |
MA 15+ |
|
2 |
R |
R 18+ |
|
3 |
X |
X 18+ |
|
|
|
|
(2) A computer game that, immediately before
the commencement of this Act, had a classification of a type specified in
column 2 of an item in the Table, is, for the purpose of applying the Classification
(Publications, Films and Computer Games) Act 1995 after that commencement,
to be taken to have, and to have had at all times before that commencement when
it had that classification, the classification of the type specified opposite
it in column 3 of that item.
|
|
TABLE |
|
|
Computer game classifications |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Item |
Former type of classification |
New type of classification |
|
1 |
G (8+) |
PG |
|
2 |
M (15+) |
M |
|
3 |
MA (15+) |
MA 15+ |
|
|
|
|