Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

This Act is the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act or in other legislation.

For example, the signpost definition ‘exempt film—see the Commonwealth Act, section 5 (Definitions).’ means that the term ‘exempt film’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

For this Act, a person is taken to exhibit a film in a public place if the person—

arranges or conducts the exhibition of the film in the public place; or

has the superintendence or management of the public place in which the film is exhibited.

This section applies to a film that—

is on 1 device; and

consists only of 2 or more classified films.

Despite any other provision of this Act, the film is to be treated, for this Act, as if each of the classified films were on a separate device.

This Act does not apply to—

broadcasting services to which the Broadcasting Services Act 1992 (Cwlth) applies; or

exempt films or exempt computer games; or

publications, films or computer games that are subject to a conditional cultural exemption.

Part 2 Films

Division 2.1 Exhibition of films

A person commits an offence if—

the person exhibits a film in a public place; and

the film is not classified.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

A person commits an offence if the person exhibits a classified film in a public place—

with a title other than the title under which the film is classified; or

in a form other than the form in which the film is classified.

Maximum penalty: 50 penalty units.

A person does not commit an offence against subsection (2) in relation to a classified film if either or both of the following apply:

the film—

is exhibited under a title different from that under which it is classified; and

is contained on 1 device that consists only of 2 or more classified films;

the classified film is exhibited with modifications mentioned in the Commonwealth Act, section 21 (2) or (3).

A person commits an offence if—

the person exhibits a film in a public place; and

the person does not display a notice—

in the approved form about classifications for films; and

in the public place so that the notice is clearly visible to the public.

Maximum penalty: 5 penalty units.

Note The notice is approved by the director of the board (see dict, def approved form).

An offence against this section is a strict liability offence.

A person commits an offence if—

the person exhibits a film in a public place; and

the film is classified RC.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

A person commits an offence if—

the person exhibits a film in a public place; and

the film is classified X 18+; and

the public place is not a restricted publications area that is located in premises in an area prescribed by regulation.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

A person commits an offence if—

the person exhibits a film somewhere that is not a controlled space for exhibiting the film; and

the film is—

classified RC, X 18+, R 18+ or MA 15+; or

an unclassified film; and

for an unclassified film—the film is subsequently classified RC, X 18+, R 18+ or MA 15+.

Maximum penalty:

for a film classified RC, or an unclassified film that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both; or

for a film classified X 18+, or an unclassified film that is subsequently classified X 18+—50 penalty units, imprisonment for 6 months or both; or

for a film classified MA 15+ or R 18+, or an unclassified film that is subsequently classified MA 15+ or R 18+—20 penalty units.

Absolute liability applies to subsection (1) (c).

This section does not apply if the film is an unclassified film and the person does not believe, and has no reasonable grounds for believing, that the film would be classified RC, X 18+, R 18+ or MA 15+.

In this section:

controlled space, for exhibiting a film, means a space where the person exhibiting the film—

can prevent someone entering the space; and

can prevent the film being seen from outside the space.

A person commits an offence if—

the person is a parent or guardian of a child; and

the person permits the child to attend the exhibition of a film in a public place; and

the person knows the film is—

classified RC, X 18+ or R 18+; or

an unclassified film; and

for an unclassified film—the film is subsequently classified RC, X 18+ or R 18+.

Maximum penalty: 20 penalty units.

Absolute liability applies to subsection (1) (d).

This section does not apply if the film is an unclassified film and the person does not believe, and has no reasonable grounds for believing, that the film would be classified RC, X 18+ or R 18+.