Markings etc. on computer games, offences as to
86 Markings etc. on computer games, offences as to
A person must not sell a computer game unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the computer game.
Penalty: $5 000.
A person must not sell an unclassified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game has been classified.
Penalty: $5 000.
A person must not sell a classified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game is unclassified or has a different classification.
Penalty: $5 000.
A person must not make a computer game available for playing on a pay and play basis (for example, a coin operated arcade game) unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the device used for playing the game.
Penalty: $5 000.
If 2 or more computer games are available for playing on a device referred to in subsection (4), the determined markings and consumer advice to be displayed on the device are those relevant to the computer game with the highest classification under the Commonwealth Act.
If —
a computer game is reclassified under section 39 of the Commonwealth Act; or
the Board revokes a classification or consumer advice for a computer game under section 22B(3) of that Act; or
the Board revokes a classification for a computer game under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act,
display of the determined markings and consumer advice applicable to the computer game before that reclassification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect.
[Section 86 amended: No. 30 of 2003 s. 13 and 41(2); No. 36 of 2016 s. 14.]
87. Unclassified or RC computer games not to be kept where classified computer games are sold etc.
If a person keeps or possesses an unclassified computer game or a computer game classified RC on any premises where classified computer games are sold or demonstrated, the person and the occupier of the premises are each guilty of an offence.
Penalty: $5 000.
It is a defence to a charge of an offence against subsection (1) for the person charged to prove that the person did not know, and could not reasonably have known, that the computer game was on the premises.
[Section 87 amended: No. 30 of 2003 s. 41(2).]
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