Classification (Publications, Films and Computer Games) Act 1995

This

Act may be cited as the Classification (Publications, Films and Computer Games) Act 1995.

The objects of this Act are—

to give effect to the scheme for the classification of publications, films and computer games set out in the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth by—

making provision for the enforcement of classification decisions applying in South Australia; and

prohibiting the publication of certain publications, films and computer games;

and

to provide protection against prosecution under laws relating to obscenity, indecency, offensive materials or blasphemy when classified publications, films or computer games are published in accordance with this Act.

In this Act—

acceptable proof of age, in relation to a person, means documentary evidence that might reasonably be accepted as applying to the person and as showing that the person is an adult;

additional content in a film that also comprises a classified film or an exempt film includes, but is not limited to—

additional scenes for the classified film or exempt film (such as alternative endings or deleted scenes); and

a film of the making of the classified film or exempt film; and

interviews with, and commentaries by, directors, actors and other persons involved with the making of the classified film or exempt film; and

such other material as is prescribed by the regulations, but does not include—

a work; or

such other material as is prescribed by the regulations;

additional content assessor means a person who is authorised by the National Director under section 22D of the Commonwealth Act;

adult means a person who is 18 or older;

adult-only premises means premises to which entry is restricted to adults;

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 advertisement means an advertisement approved under the Commonwealth Act;

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

authorised television series assessor means a person authorised in accordance with the scheme determined under section 14B of the Commonwealth Act to prepare assessments of television series films;

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

classifiable elements has the same meaning as in the Commonwealth Act;

classified, in relation to a publication, film or computer game, means classified under the Commonwealth Act;

Commonwealth

Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, as amended from time to time;

Commonwealth

Broadcasting Act means the Broadcasting

Services Act 1992 of the Commonwealth, as amended from time to time, or an Act enacted in substitution for that Act;

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

consumer advice, in relation to a publication, film or computer game, means consumer advice determined under the Commonwealth Act for the publication, film or computer game;

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

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

demonstrate includes exhibit, display, screen, play or make available for playing;

determined markings means markings determined under section 8 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, in relation to a film, means project or screen;

film has the same meaning as in the Commonwealth Act;

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

15;

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;

National

Board means the Classification Board established by the Commonwealth Act;

National

Classification Code means the National Classification Code as in force from time to time under the Commonwealth Act;

national classification guidelines means the classification guidelines as in force from time to time under the Commonwealth Act;

National

Director means Director of the National Board appointed under the

Commonwealth Act;

National

Review Board means the Classification Review Board established by the

Commonwealth Act;

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

publication has the same meaning as in the Commonwealth Act;

public place means a place that the public is entitled to use or that is open to or used by the public, whether on payment of money or otherwise;

publish has the same meaning as in the Commonwealth Act;

restricted publications area means premises, or a part of premises, constructed and managed in accordance with the requirements under Part

9 of this 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;

submittable publication has the same meaning as in the Commonwealth Act and includes a publication called in by the National Director under Schedule 1 of this Act;

television series film means a film that comprises—

1 or more episodes of a television series; or

1 or more episodes of a television series and series‑related material if that material does not appear to be self‑contained and produced for viewing as a discrete entity;

work has the same meaning as in the Commonwealth Act.

For the purposes of 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

Act does not apply to—

exempt films or exempt computer games; or

a publication, film or computer game that is subject to a conditional cultural exemption (within the meaning of the Commonwealth Act); or

broadcasting services to which the Commonwealth Broadcasting Act applies.

A person must not exhibit a film in a public place unless the film—

is classified; and

is exhibited with the same title as that under which it is classified;

and

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

Maximum penalty: $5 000.

Expiation fee: $315.

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

under a title different from that under which it is classified if it is contained on 1 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 both.

A person who exhibits a film in a public place must keep a notice in the approved form about classifications for films on display in a prominent place in that public place so that the notice is clearly visible to the public.

Maximum penalty: $1 250.

Expiation fee: $160.

A person must not exhibit in a public place or so that it can be seen from a public place—

an unclassified film that would, if classified, be classified RC or

X 18+; or

a film classified RC or X 18+.

Maximum penalty: $10 000.

The

Minister may prohibit the exhibition of a film classified R 18+ or MA 15+—

in a drive-in theatre; or

in any other public place if, in the Minister's opinion, it is possible to see a film from an ordinary vantage point outside the place when it is exhibited in the place.

A prohibition under this section—

may relate to a specified film or class of films and to drive-in theatres generally or a specified drive-in theatre or other place;

may be imposed, varied or revoked by notice published in the South

Australian Government Gazette or by notice in writing served on the person who exhibits films in the theatre or place to which the notice relates.

A person must not exhibit a film in contravention of a notice under this section.

Maximum penalty: $2 500.

A person who—

is a parent or guardian of a minor; and

knows that 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+ is to be exhibited in a public place, must not permit the minor to attend the exhibition of the film.

Maximum penalty: $2 500.

A minor who is 15 or older must not attend the exhibition in a public place of a film classified RC, X 18+ or R 18+, knowing that the film is so classified.

Maximum penalty: $750.

A person must not exhibit in a place, other than a public place, in the presence of a minor—

an unclassified film that would, if classified, be classified RC or

X 18+; or

a film classified RC or X 18+.

Maximum penalty: $20 000.

A person must not exhibit in a place, other than a public place, in the presence of a minor, a film classified R 18+ unless the person is a parent or guardian of the minor.

Maximum penalty: $5 000.

It is a defence to a prosecution for an offence against subsection (1) or (2) to prove that the defendant believed on reasonable grounds that the minor was an adult.