South Australian Current Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 60A

60A—Keeping R 18+ computer games with other computer games

        (1)         An occupier of premises (other than adult-only premises) at which computer games with a classification lower than R 18+ are sold must not display material for a computer game 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 computer games is displayed; and

                  (ii)         the area is marked as an area displaying material for computer games 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 cover of a casing containing the game, 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 computer game 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+ COMPUTER GAMES 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; or

            (c)         complied with a code of practice set out in the regulations for the purposes of this section.

        (4)         In this section—

"material for a computer game" means—

            (a)         a disc or other device on which the computer game is stored or recorded; or

            (b)         a container, wrapping, casing or other item that bears images or markings representing the computer game.

        (5)         Nothing in this section permits the exhibition of a computer game or part of a computer game classified R 18+ at premises to which this section applies.