S. 3 def. of consumer advice amended by No. 36/2015 s. 4(b). consumer advice means consumer advice determined under section 20 of the Commonwealth Act or consumer advice that, in accordance with section 22CF(5) of the Commonwealth Act, is taken to be consumer advice determined under section 20 of the Commonwealth Act; S. 3 def. of contentious material substituted by No. 69/2001 s. 4(a). contentious material has the same meaning as in the Commonwealth Act; S. 3 def. of Convenor inserted by No. 5/2008 s. 4(2). Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act; court means the Magistrates' Court; demonstrate includes exhibit, display, screen or make available for playing; Deputy Director means 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 Director of the Classification Board appointed under section 48 of the Commonwealth Act; S. 3 def. of exempt computer game inserted by No. 69/2001 s. 4(b). exempt computer game has the same meaning as in the Commonwealth Act; S. 3 def. of exempt film inserted by No. 69/2001 s. 4(b). exempt film has the same meaning as in the Commonwealth Act;
S. 5 substituted by No. 69/2001 s. 5. 5 Application of Act This Act does not apply to— (a) exempt films or exempt computer games; or S. 5(ab) inserted by No. 36/2015 s. 10(1). (ab) a publication, film or computer game subject to a conditional cultural exemption; or (b) broadcasting services to which the Broadcasting Services Act 1992 of the Commonwealth applies. Note to s. 5 inserted by No. 36/2015 s. 10(2). Note A publication, film or computer game is subject to a conditional cultural exemption only in relation to the relevant demonstration, exhibition or screening—sections 6C and 6E of the Commonwealth Act. S. 5A inserted by No. 5/2008 s. 5. 5A Films consisting only of classified films Despite any other provision of this Act, a film that— (a) is contained on one device; and (b) 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. Division 1—Exhibition of films S. 6 amended by No. 5/2008 s. 6 (ILA s. 39B(1)). 6 Exhibition of film in public place (1) A person must not exhibit a film in a public place unless the film— (a) is classified; and
(2) It is a defence to a prosecution for an offence against subsection (1) to prove that— S. 12(2)(a) amended by No. 68/2009 s. 97(Sch. item 20.1). (a) the accused believed on reasonable grounds that the minor was an adult; or (b) the parent or guardian of the minor consented to the minor being present at the exhibition of the film. S. 13 (Heading) inserted by No. 6/2005 s. 5(i). 13 Attendance of minor at R 18+ film—offence by exhibitor S. 13(1) amended by No. 6/2005 s. 5(j). (1) A person must not exhibit in a public place a film classified R 18+ if a minor is present during any part of the exhibition. 20 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that— S. 13(2)(a) amended by No. 68/2009 s. 97(Sch. item 20.2). (a) the minor produced to the accused or the employee or agent of the accused acceptable proof of age before the minor was admitted to the public place; or S. 13(2)(b) amended by No. 68/2009 s. 97(Sch. item 20.2). (b) the accused or the employee or agent of the accused believed on reasonable grounds that the minor was an adult. S. 14 (Heading) inserted by No. 6/2005 s. 5(k). 14 Attendance of minor at MA 15+ film—offence by exhibitor
S. 19(1)(a) amended by No. 6/2005 s. 5(p). (a) if the film is classified, or is subsequently classified, X 18+—a fine not exceeding 60 penalty units or imprisonment not exceeding 6 months; (b) if the film is classified, or is subsequently classified, RC—a fine not exceeding 240 penalty units or imprisonment not exceeding 2 years. S. 19(2) amended by No. 68/2009 s. 97(Sch. item 20.4). (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused did not know, and could not reasonably have known, that the film was on the premises. 20 or delivery of certain films to minors S. 20(1) amended by No. 6/2005 s. 5(q)(i). (1) A person must not sell or deliver to a minor a film classified RC or X 18+ or an unclassified film which would, if classified, be classified RC or X 18+. S. 20(1)(a) amended by No. 6/2005 s. 5(q)(i). (a) if the film is classified, or is subsequently classified, X 18+—60 penalty units or imprisonment for 6 months; (b) if the film is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years. S. 20(2) amended by No. 6/2005 s. 5(q)(ii). (2) A person must not sell or deliver to a minor a film classified R 18+, unless the person is a parent or guardian of the minor. 30 penalty units. (3) It is a defence to a prosecution for an offence against subsection (2) to prove that— S. 20(3)(a) amended by No. 68/2009 s. 97(Sch. item 20.5 (a)(b)). (a) the minor produced to the accused or the employee or agent of the accused acceptable proof of age before the accused sold or delivered the film to the minor and the
S. 47(1)(a) substituted by No. 33/2009 s. 6(1). (a) an unclassified film or an unclassified computer game otherwise than in accordance with the conditions on which unclassified films and unclassified computer games may be advertised that are set out in the Advertising Scheme; or S. 47(1)(b) amended by No. 6/2005 s. 7(a). (b) a film classified RC or X 18+; or (c) a submittable publication; or (d) a publication classified RC; or S. 47(1)(e) repealed by No. 33/2009 s. 6(2). * * * * * (f) a computer game classified RC. 50 penalty units. (2) For the purposes of this section, if— (a) a person publishes an advertisement for an unclassified film or an unclassified computer game at the request of another person; and S. 47(2)(b) amended by No. 37/2014 s. 10(Sch. item 19.4). (b) the person who publishes the advertisement notifies a police officer of the identity of the other person— that other person alone must be taken to have published it. S. 48 amended by No. 6/2005 s. 7(b)(i)(ii), substituted by No. 33/2009 s. 7. 48 Screening of advertisements with feature films A person must not screen in a public place an advertisement for a film or for a computer game during a program for the exhibition of another film (the feature film) unless the feature film has a classification specified in column 1 of an item in
S. 50 amended by No. 6/2005 s. 7(d)(i)(ii), substituted by No. 33/2009 s. 9. 50 of feature films with advertisements A person must not sell a film (the feature film) that is accompanied by an advertisement for another film or for a computer game unless the feature film has a classification specified in column 1 of an item in the Table to this section and the advertised film or computer game— (a) has a classification specified opposite it in column 2 or 3 of that item; or (b) if unclassified, has been assessed as being likely to be classified at a classification specified opposite it in column 2 or 3 of that item. S. 50 (Table) amended by No. 72/2012 s. 13. TABLE Item Column 1 Feature film Column 2 Advertised film Column 3 Advertised computer game 1 G G G 2 PG PG or G PG or G 3 M M, PG or G M, PG or G 4 MA 15+ MA 15+, M, PG or G MA 15+, M, PG or G 5 R 18+ R 18+, MA 15+, M, PG or G R 18+, MA 15+, M, PG or G in the case of a natural person, 20 penalty units; in the case of a body corporate, 50 penalty units. S. 51 amended by No. 6/2005 s. 7(e)(i)–(iii), substituted by No. 33/2009 s. 10. 51 Advertisements with computer games A person must not sell a computer game (the main game) that is accompanied by an advertisement for another computer game or for a film unless the main game has a classification specified in column 1 of an item in the Table to
in the case of a natural person, 20 penalty units; in the case of a body corporate, 50 penalty units. S. 53(3) substituted by No. 69/2001 s. 12(3). (3) If— (a) a film, publication or computer game is reclassified under section 39 or 97A of the Commonwealth Act; or S. 53(3)(b) amended by No. 36/2015 s. 8(b). (b) the Board revokes a classification for a film, publication or computer game under section 22B(3) of that Act; or S. 53(3)(c) inserted by No. 36/2015 s. 8(b). (c) the Board revokes a classification for a film, publication or computer game under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act— publication of the determined markings applicable to the film, publication or computer game before that reclassification or revocation is sufficient compliance with subsection (2) for a period of 14 days after the decision to reclassify or revoke takes effect. 54 Advertisements for Category 2 restricted publications (1) A person must not publish an advertisement for a publication classified Category 2 restricted. 60 penalty units or imprisonment for 6 months. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the advertisement was published— (a) in a publication classified Category 2 restricted; or
56 Definitions In this Part— S. 56 def. of law enforcement agency inserted by No. 72/2012 s. 17, amended by No. 37/2014 s. 10(Sch. item 19.5(b)). law enforcement agency means— (a) Victoria Police or the police force or police service of another State or the Northern Territory; or (b) the Australian Federal Police; or (c) the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; or (d) any other authority or person responsible for the enforcement of the laws of— (i) Victoria or any other State; or (ii) the Commonwealth; or (iii) the Northern Territory of Australia; S. 56 def. of material unsuitable for minors of any age amended by Nos 6/2005 s. 7(g)(i), 72/2012 s. 15(a). material unsuitable for minors of any age means— (a) objectionable material; or (b) a film that is classified R 18+ or would, if classified, be classified R 18+; or (ba) a computer game that is classified R 18+ or would, if classified, be classified R 18+; or
S. 75(3) amended by Nos 60/1998 s. 12(1)(a), 37/2014 s. 10(Sch. item 19.13(a)). (3) If— S. 75(3)(a) amended by No. 6/2005 s. 7(h). (a) a film classified RC or X 18+; or (b) a publication or computer game classified RC; or (c) an objectionable film or objectionable publication— has been lawfully seized by a police officer but at the expiration of 12 months after the seizure no person has been charged with an offence in relation to the seized item, the film, publication or computer game is forfeited to the Crown. S. 75(3A) inserted by No. 60/1998 s. 12(2), amended by No. 37/2014 s. 10(Sch. item 19.13(b)). (3A) If a film, publication or computer game, other than one referred to in subsection (3)(a), (b) or (c), has been lawfully seized by a police officer and the police officer believes on reasonable grounds that a person, other than a person charged with an offence in relation to the seized item, is the owner of the seized item, the police officer must give notice in writing to the person of— (a) the date and place of seizure; and (b) the nature of the seized item. S. 75(3B) inserted by No. 60/1998 s. 12(2). (3B) A person to whom notice is given under subsection (3A) may apply within 60 days after the notice to the Magistrates' Court for the return of the film, publication or computer game.
S. 75(4) amended by Nos 60/1998 s. 12(1)(b), 37/2014 s. 10(Sch. item 19.13(c)). (4) The owner of a film, publication or computer game that has been lawfully seized by a police officer may apply within 60 days of the seizure to the Magistrates' Court for the return of the film, publication or computer game. S. 75(4A) inserted by No. 60/1998 s. 12(3). (4A) An applicant under subsection (4) must give notice in writing of the application to the Chief Commissioner of Police containing— (a) the name and address of the applicant; and (b) the address of the premises from which the film, publication or computer game was seized; and (c) the date of seizure; and (d) the nature of the seized item the return of which is sought. S. 75(5) amended by No. 60/1998 s. 12(1)(c)(i)(ii). (5) On an application under subsection (3B) or (4), if the Magistrates' Court is satisfied that the applicant is the owner of the film, publication or computer game, the Court must order that, at the expiration of 12 months after the seizure, the film, publication or computer game be returned to the applicant unless the applicant has been charged with an offence in relation to the film, publication or computer game. S. 75(6) amended by No. 60/1998 s. 12(4). (6) Subject to subsection (7), a film, publication or computer game which is forfeited under this section may be destroyed or otherwise dealt with as directed by the Minister or, if a court orders the forfeiture, as directed by the court. S. 75(7) inserted by No. 60/1998 s. 12(5). (7) The Minister or court must not direct the destruction of a film, publication or computer game before the expiration of the time allowed for instituting an appeal against the order or, if an appeal is lodged within that time, before the determination of the appeal.
S. 75A(4)(a) amended by No. 6/2005 s. 8(4). (4) If the Magistrates' Court is satisfied that— (a) the applicant is the owner of a film, publication or computer game seized at the same time from the same premises as a commercial quantity or the items referred to in paragraph (a), (b) or (c) of subsection (1A), as the case may be; and S. 75A(4)(b) amended by No. 6/2005 s. 7(i). (b) the seized item is classified with a classification other than RC or, in the case of a film, RC or X 18+— the Magistrates' Court may make an order that the item be returned to the applicant and that the applicant's costs (including costs of classification) be paid by the Chief Commissioner. (5) Subject to subsection (6), a film, publication or computer game which is forfeited under this section may be destroyed or otherwise dealt with as directed by the Minister or the Magistrates' Court. (6) The Minister or court must not direct the destruction of a film, publication or computer game before the expiry of the time allowed for instituting an appeal against a refusal to make an order under subsection (4) or, if an appeal is lodged within that time, before the determination of the appeal. 76 Restricted publications area—construction and management (1) A restricted publications area must be so constructed that no part of the interior of the area is visible to any person outside the area.
S. 77(2) amended by No. 68/2009 s. 97(Sch. item 20.25). (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused believed on reasonable grounds that the minor was an adult. S. 78 amended by No. 6/2005 s. 9(1)(4)(5) (ILA s. 39B(1)). 78 Evidence S. 78(1) amended by No. 5/2008 s. 11. (1) In any proceeding for an offence against this Act, a certificate, or a copy of a certificate, signed or purporting to be signed by the Director, Deputy Director or Convenor and stating that— (a) a film or publication or computer game is classified as specified in the certificate and, if the case requires, the determined markings for that type of classification are as specified in the certificate; or S. 78(ab) inserted by No. 6/2005 s. 9(2). (ab) a film or publication or computer game was, on a date specified in the certificate, classified as specified in the certificate and, if the case requires, the determined markings for that type of classification were as specified in the certificate; or (b) a classified film or a classified computer game specified in the certificate is modified in a manner specified in the certificate; or (c) a film or publication or computer game is not classified, or is not classified at a classification specified in the certificate; or S. 78(ca) inserted by No. 6/2005 s. 9(3). (ca) a film or publication or computer game, on a date specified in the certificate, was not classified or was not classified at a classification specified in the certificate; or (d) an advertisement described in the certificate is approved or has been refused approval or has not been approved—