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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment and Repeal (Classification of
Publications, Films and Computer Games) Bill 2019
A BILL FOR
An Act to amend the
Classification
(Publications, Films and Computer Games) Act 1995
and the
Summary
Offences Act 1953
, to repeal the
Classification
of Theatrical Performances Act 1978
and for other purposes.
Contents
Part 2—Amendment of Classification
(Publications, Films and Computer Games) Act 1995
6Amendment of
section 4—Interpretation
8Amendment of section 28—Exhibition of
film in public place
9Amendment of section 37—Sale of
films
10Amendment of section 40—Films to
bear determined markings and consumer advice
11Amendment of
section 47—Category 1 restricted publications
12Amendment of
section 48—Category 2 restricted publications
13Amendment of section 48A—Sale or
delivery of publications contrary to conditions
14Amendment of section 50—Misleading
or deceptive markings
15Amendment of section 60—Computer
games to bear determined markings and consumer advice
16Amendment of section 66—Certain
advertisements not to be published
17Amendment of
section 72—Advertisement to contain determined markings and consumer
advice
18Amendment of section 73—Misleading
or deceptive advertisements
19Amendment of section
83—Evidence
Part 3—Amendment of Summary Offences
Act 1953
21Amendment of section 33—Indecent or
offensive material
Part 4—Repeal of Classification of
Theatrical Performances Act 1978
Part 5—Transitional
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment and Repeal
(Classification of Publications, Films and Computer Games) Act
2019.
This Act comes 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
Long title—delete "for the establishment and enforcement of schemes"
and substitute:
for the enforcement of a scheme
Section 3—delete the section and substitute:
3—Objects
The objects of this Act are—
(a) to give effect to the scheme for the classification of publications,
films and computer games set out in the Classification (Publications, Films
and Computer Games) Act 1995 of the Commonwealth by—
(i) making provision for the enforcement of classification decisions
applying in South Australia; and
(ii) prohibiting the publication of certain publications, films and
computer games; and
(b) to provide protection against prosecution under laws relating to
obscenity, indecency, offensive materials or blasphemy when classified
publications, films or computer games are published in accordance with this
Act.
6—Amendment
of section 4—Interpretation
(1) Section 4, definition of approved
advertisement—delete the definition and substitute:
approved advertisement means an advertisement approved under
the Commonwealth Act;
(2) Section 4, definition of classified—delete
the definition and substitute:
classified, in relation to a publication, film or computer
game, means classified under the Commonwealth Act;
(3) Section 4, definition of consumer
advice—delete the definition and substitute:
consumer advice, in relation to a publication, film or
computer game, means consumer advice determined under the Commonwealth Act for
the publication, film or computer game;
(4) Section 4, definition of Council—delete the
definition
(5) Section 4, definition of submittable
publication—delete the definition and substitute:
submittable publication has the same meaning as in the
Commonwealth Act and includes a publication called in by the National Director
under Schedule 1 of this Act;
Parts 2 and 3—delete Parts 2 and 3
8—Amendment
of section 28—Exhibition of film in public place
Section 28(2)(b)—delete paragraph (b) and substitute:
(b) with modifications referred to in section 21(2) or (3) of
the Commonwealth Act,
9—Amendment
of section 37—Sale of films
Section 37(2)(b)—delete paragraph (b) and
substitute:
(b) with modifications referred to in section 21(2) or (3) of
the Commonwealth Act,
10—Amendment
of section 40—Films to bear determined markings and consumer
advice
(1) Section 40(4)(a)—delete "this Act or"
(2) Section 40(4)(b)—delete "this Act or"
11—Amendment
of section 47—Category 1 restricted
publications
(1) Section 47(1)(a)(ii)—delete "or by the Council or the
Minister under this Act"
(2) Section 47(2)(a)—delete "this Act or"
(3) Section 47(2)(b)—delete "this Act or"
12—Amendment
of section 48—Category 2 restricted
publications
(1) Section 48(3)(a)—delete "this Act or"
(2) Section 48(3)(b)—delete "this Act or"
13—Amendment
of section 48A—Sale or delivery of publications contrary to
conditions
Section 48A—delete "this Act or"
14—Amendment
of section 50—Misleading or deceptive markings
(1) Section 50(3)(a)—delete "this Act or"
(2) Section 50(3)(b)—delete "this Act or"
15—Amendment
of section 60—Computer games to bear determined markings and consumer
advice
(1) Section 60(5)—delete "this Act or"
(2) Section 60(6)(a)—delete "this Act or"
(3) Section 60(6)(b)—delete "this Act or"
16—Amendment
of section 66—Certain advertisements not to be
published
Section 66(1) and (2)—delete "this Act or" wherever
occurring
17—Amendment
of section 72—Advertisement to contain determined markings and
consumer advice
(1) Section 72(2)(a)—delete "this Act or"
(2) Section 72(2)(b)—delete "this Act or"
18—Amendment
of section 73—Misleading or deceptive
advertisements
(1) Section 73(3)(a)—delete "this Act or"
(2) Section 73(3)(b)—delete "this Act or"
19—Amendment
of section 83—Evidence
Section 83(2)—delete subsection (2)
Section 90—delete the section
Part 3—Amendment
of Summary Offences
Act 1953
21—Amendment
of section 33—Indecent or offensive material
Section 33(7)—delete subsection (7) and
substitute:
(7) In deciding whether to consent to a prosecution under this section,
the Minister must have regard to any relevant decision of the National Board or
National Review Board under the Classification (Publications, Films and
Computer Games) Act 1995 of the Commonwealth.
Part 4—Repeal
of Classification of Theatrical Performances
Act 1978
The
Classification
of Theatrical Performances Act 1978
is repealed.
Part 5—Transitional
provisions
(1) In this section—
Council means the South Australian Classification Council
established by the
Classification
(Publications, Films and Computer Games) Act 1995
(as in force immediately before the commencement of
section 7
of this Act);
Minister means the Minister responsible for the
administration of the
Classification
(Publications, Films and Computer Games) Act 1995
.
(2) A member of the Council ceases to hold office on the commencement of
this section.
(3) Any process or
proceeding commenced—
(a) by the Council or the Minister under Part 3 of the
Classification
(Publications, Films and Computer Games) Act 1995
(as in force immediately before the commencement of
section 7
of this Act); or
(b) by the Council under the
Classification
of Theatrical Performances Act 1978
(as in force immediately before the commencement of
section 22
of this Act),
may be continued and completed by the Minister after that
commencement.
(4) The Minister may, in connection with the operation of
subsection (3)
—
(a) adopt any findings, determinations, report or recommendations of the
Council that may be relevant to the continuation or completion of any process or
proceeding by the Minister; and
(b) take other steps to promote the smoothest possible transition to the
Minister acting instead of the Council.