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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 40

Computer games to bear determined markings and consumer advice

    (1)     A person must not sell a computer game unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the computer game.

Penalty:     in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

    (2)     A person must not sell an unclassified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game has been classified.

Penalty:     in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

    (3)     A person must not sell a classified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game is unclassified or has a different classification.

Penalty:     in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

S. 40(3A) inserted by No. 69/2001 s. 11(1).

    (3A)     A person must not make a computer game available for playing on a pay and play basis (for example, a coin operated arcade game) unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the device used for playing the game.

Penalty:     in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

S. 40(3B) inserted by No. 69/2001 s. 11(1).

    (3B)     If two or more computer games are available for playing on a device referred to in subsection (3A), the determined markings and consumer advice to be displayed on the device are those relevant to the computer game with the highest classification under the Commonwealth Act.

S. 40(4) substituted by No. 69/2001 s. 11(2).

    (4)     If—

        (a)     a computer game is reclassified under section 39 of the Commonwealth Act; or

S. 40(4)(b) amended by No. 36/2015 s. 7(a).

        (b)     the Board revokes a classification or consumer advice for a computer game under section 22B(3) of that Act; or

S. 40(4)(c) inserted by No. 36/2015 s. 7(b).

        (c)     the Board revokes a classification for a computer game under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act—

display of the determined markings and consumer advice applicable to the computer game before that reclassification or revocation is sufficient compliance with this section for a period of 14 days after the decision to reclassify or revoke takes effect.



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