Victorian Current Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 61

    (1)     If—

        (a)     the Director has reasonable grounds to believe that a computer game is likely to contain contentious material; and

        (b)     the computer game is being published in Victoria, or the Director has reasonable grounds to believe that it will be published in Victoria—

the Director may, by notice in writing given to the publisher of the game, require the publisher to submit an application for classification of the game.

S. 61(1A) inserted by No. 69/2001 s. 14(1).

    (1A)     If—

        (a)     the Director has reasonable grounds to believe that an unclassified computer game is not an exempt computer game; and

S. 61(1A)(b) amended by No. 36/2015 s. 11(3)(a).

        (b)     the computer game is being published in Victoria, or the Director has reasonable grounds to believe that it will be published in Victoria; and

S. 61(1A)(c) inserted by No. 36/2015 s. 11(3)(b).

        (c)     the computer game is not subject to a conditional cultural exemption—

the Director may, by notice in writing given to the publisher of the computer game, require the publisher to submit an application for classification of the computer game.

S. 61(2) amended by No. 69/2001 s. 14(2).

    (2)     The Director must cause notice of a decision under subsection (1) or (1A) to be published in the Commonwealth Gazette.

    (3)     A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:     100 penalty units.

S. 61(4) amended by No. 68/2009 s. 97(Sch. item 20.21).

    (4)     It is a defence to a prosecution for an offence against subsection (3) to prove that the accused did not intend—

        (a)     to publish the computer game in Victoria; or

        (b)     to cause, authorise, permit or license the computer game to be published in Victoria.