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

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

This Act commences on a day or days to be appointed by proclamation.

The object of this Act is to give effect to the national scheme for the classification of publications, films and computer games set out in the Commonwealth Act by—

providing for the enforcement of classification decisions made under the Commonwealth Act, and

prohibiting the publishing (including the sale, exhibition, distribution and demonstration) of certain publications, films and computer games.

Note.

Section 92 of the Commonwealth Act provides that the Commonwealth Act does not apply to broadcasting services to which the Broadcasting Services Act 1992 of the Commonwealth applies. Accordingly, television and radio programs are not part of the classification scheme which this Act is enforcing for New South Wales purposes.

Note.

Section 9 of the Commonwealth Act provides that publications, films and computer games are to be classified in accordance with the National Classification Code and the classification guidelines (as determined under section 12 of that Act).

In this Act—

adult means a person who is 18 or older.

advertisement has the same meaning as in the Commonwealth Act.

Advertising Scheme means the scheme determined from time to time under section 31 of the Commonwealth Act.

approved form means a form approved under section 8A of the Commonwealth Act.

Board means the Classification Board established by the Commonwealth Act.

business day means a day other than a Saturday, Sunday or public holiday.

buy means buy or exchange or hire and includes offer to buy or exchange or hire, agree to buy, exchange or hire or cause or permit to be bought or exchanged or hired, whether by retail or wholesale.

classified means classified under the Commonwealth Act.

Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth.

Commonwealth Gazette means the Commonwealth of Australia Gazette.

computer game has the same meaning as in the Commonwealth Act.

consumer advice means consumer advice determined under section 20 of the Commonwealth Act.

contentious material has the same meaning as in the Commonwealth Act.

Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act.

demonstrate a computer game includes exhibit, display, screen, or make available for playing, the computer game.

Deputy Director means the Deputy Director of the Classification Board appointed under section 48 of the Commonwealth Act.

determined markings means markings determined under section 8 of the Commonwealth Act.

Director means the Director of the Classification Board appointed under section 48 of the Commonwealth Act.

exempt computer game has the same meaning as in the Commonwealth Act.

exempt film has the same meaning as in the Commonwealth Act.

exhibit a film (or an advertisement for a film) means project or screen the film or advertisement.

film has the same meaning as in the Commonwealth Act.

guardian means an adult who is exercising parental control over a minor.

international flight, in relation to an aircraft, means a flight that passes through the air space over the territory of more than one country and includes any part of the flight that may occur within Australia.

international voyage, in relation to a vessel, means a voyage, whether direct or indirect, between a place in Australia and a place outside Australia and includes any part of the voyage that may occur within Australia.

minor means a person who is under 18.

place includes any vacant land, premises, vehicle, vessel or aircraft (except a vessel on an international voyage or an aircraft on an international flight).

privately demonstrate a computer game means demonstrate the computer game in a place other than a public place.

privately exhibit a film means exhibit the film in a place other than a public place.

public place means any place which the public is entitled to use or which is open to, or used by the public, whether on payment of money or otherwise.

publication has the same meaning as in the Commonwealth Act.

publicly demonstrate a computer game means demonstrate the computer game—

in a public place, or

so that it can be seen from a public place.

publicly exhibit a film (or an advertisement for a film) means exhibit the film or advertisement—

in a public place, or

so that it can be seen from a public place.

publish has the same meaning as in the Commonwealth Act.

restricted publications area means any premises, or part of any premises, constructed and managed in accordance with the requirements set out in section 49.

Review Board means the Classification Review Board established by the Commonwealth Act.

sell means sell or exchange or let on hire, and includes offer or display for sale or exchange or hire, agree to sell, exchange or hire and cause or permit to be sold or exchanged or hired, whether by retail or wholesale.

subject to a conditional cultural exemption has the same meaning as in the Commonwealth Act.

submittable publication has the same meaning as in the Commonwealth Act, and includes a publication called in by the Director under—

section 46 of this Act, or

a provision of an Act of another State or a Territory that corresponds to that section.

Notes in the text of this Act do not form part of this Act.

This Act does not apply to—

exempt films or exempt computer games, or

broadcasting services to which the Broadcasting Services Act 1992 of the Commonwealth applies, or

a publication, film or computer game that is subject to a conditional cultural exemption.

Note.

A publication, film or computer game is subject to a conditional cultural exemption only in relation to the relevant demonstration, exhibition or screening (see sections 6C and 6E of the Commonwealth Act).

For the purposes of this Act, a person is taken to publicly exhibit a film (or an advertisement for a film) if the person—

arranges or conducts the exhibition of the film or advertisement in the public place, or

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

For the purposes of this Act, a person is taken to publicly demonstrate a computer game if the person—

arranges or conducts the demonstration of the computer game in the public place, or

has the superintendence or management of the public place in which the computer game is demonstrated.

Despite any other provision of this Act, a film—

that is contained on one device, and

that consists only of 2 or more classified films,

is to be treated, for the purposes of this Act, as if each of the classified films were on a separate device.

A person must not sell or publicly exhibit—

a film classified RC or X 18+, or

an unclassified film.

Maximum penalty—

• in the case of an unclassified film that is subsequently classified G—1 penalty unit for an individual, 5 penalty units for a corporation

• in the case of an unclassified film that is subsequently classified PG—5 penalty units for an individual, 10 penalty units for a corporation

• in the case of an unclassified film that is subsequently classified M—10 penalty units for an individual, 20 penalty units for a corporation

• in the case of an unclassified film that is subsequently classified MA 15+ or R 18+—50 penalty units for an individual, 100 penalty units for a corporation

• in the case of a film classified RC or X 18+ or an unclassified film that is subsequently classified RC or X 18+—100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation.

A person must not sell or publicly exhibit a classified film unless the film—

is sold or exhibited with the same title as that under which it is classified, and

is sold or exhibited in the form, without alteration or addition, in which it is classified.

Maximum penalty—100 penalty units for an individual, 200 penalty units for a corporation.

Subsection (1) is not contravened by the sale or exhibition of a classified film—

under a title different from that under which it is classified if it is contained on one device that consists only of 2 or more classified films, or

with modifications referred to in section 21 (2) or (3) of the Commonwealth Act or to which section 20A of that Act applies,

or both.

A person who sells or publicly exhibits a classified film must keep a notice in the approved form about classifications for films on public display in a prominent place in the place where the film is sold or exhibited.

Maximum penalty—5 penalty units for an individual, 10 penalty units for a corporation.

A person must not sell or deliver to a minor a film classified RC or X 18+ or an unclassified film that would, if classified, be classified RC or X 18+.

Maximum penalty—150 penalty units or imprisonment for 2 years for an individual, 300 penalty units for a corporation.

A person must not sell or deliver to a minor a film classified R 18+, or an unclassified film that would, if classified, be classified R 18+, unless the person is a parent or guardian of the minor.

Maximum penalty—100 penalty units for an individual, 200 penalty units for a corporation.

It is a defence to a prosecution for an offence under subsection (2) to prove that—

the minor, before being sold or delivered the film, produced to the defendant (or the defendant’s employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 18 or older, or

the defendant (or the defendant’s employee or agent) believed on reasonable grounds that the minor was an adult, or

the minor was employed by the defendant and the delivery took place in the course of that employment.

A person must not sell or deliver to a minor under 15 a film classified MA 15+ unless the person is a parent or guardian of the minor.

Maximum penalty—50 penalty units for an individual, 100 penalty units for a corporation.

It is a defence to a prosecution for an offence under subsection (4) to prove that—

the minor, before being sold the film, produced to the defendant (or the defendant’s employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 15 or older, or

the defendant or the defendant’s employee or agent believed on reasonable grounds that the minor was 15 or older, or

the parent or guardian of the minor had consented to the sale.

A person who is the parent or guardian of a minor must not permit the minor to attend the exhibition in a public place of a film classified RC, X 18+ or R 18+ or an unclassified film that would, if classified, be classified RC, X 18+ or R 18+.

Maximum penalty—20 penalty units.