S. 3 def. of contentious material substituted by No. 69/2001 s. 4(a). s. 3 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; exhibit, in relation to a film, means project or screen; film has the same meaning as in the Commonwealth Act; s. 3 guardian means an adult who is exercising parental control over a minor;
(b) if the film is classified, or is subsequently classified, X 18+—60 penalty units or imprisonment for 6 months; (c) if the film is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years. (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 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. 37 (Heading) inserted by No. 6/2005 s. 6(a). 37 MA 15+ computer games S. 37 amended by No. 6/2005 s. 6(b). A person must not demonstrate a computer game classified MA 15+ in a public place unless— (a) the determined markings are exhibited before the computer game can be played; and (b) entry to the place is restricted to adults or minors who are in the care of a parent or guardian while in the public place. 5 penalty units. S. 38 (Heading) inserted by No. 6/2005 s. 6(c), amended by No. 72/2012 s. 5(1). 38 Demonstration of unclassified, RC, R 18+ and MA 15+ computer games s. 37 A person must not demonstrate any of the following so that it can be seen from a public place— S. 38(a) amended by Nos 6/2005 s. 6(d), 72/2012 s. 5(2). (a) an unclassified computer game which would, if classified, be classified RC, R 18+ or MA 15+; or S. 38(b) amended by Nos 6/2005 s. 6(d), 72/2012 s. 5(2). (b) a computer game classified RC, R 18+ or MA 15+. S. 38(c) amended by No. 6/2005 s. 6(d). (c) if the computer game is classified, or is subsequently classified, MA penalty units; S. 38(ca) inserted by No. 72/2012 s. 5(3). (ca) if the computer game is classified, or is subsequently classified, R 18+—40 penalty units;
(d) if the computer game is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years. S. 39 (Heading) inserted by No. 72/2012 s. 6(1). 39 Private demonstration of RC and R 18+ computer games in presence of a minor S. 39(1) amended by No. 72/2012 s. 6(2)(3). s. 39 (1) A person must not demonstrate in a place, other than a public place, in the presence of a minor a computer game classified RC or R 18+ or an unclassified computer game which would, if classified, be classified RC or R 18+. Penalty: (a) if the computer game is classified, or is subsequently classified, R 18+—40 penalty units; (b) if the computer game is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that— S. 39(2)(a) amended by No. 68/2009 s. 97(Sch. item 20.13). (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 demonstration of the computer game.
(b) an unclassified computer game— with the intention of selling or demonstrating the computer game or the copy. S. 45(2)(c) amended by No. 6/2005 s. 6(h)(i). (c) if the computer game is subsequently classified MA 15+—60 penalty units or imprisonment for 6 months; S. 45(2)(ca) inserted by No. 72/2012 s. 10(2). (ca) if the computer game is subsequently classified R 18+—120 penalty units or imprisonment for 1 year; (d) if the computer game is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years; (e) in any other case—30 penalty units. S. 45(3) amended by No. 6/2005 s. 6(h)(ii)(iii). (3) It is a defence to a prosecution for an offence against subsection (1) or (2) to prove that since the offence was alleged to have been committed the computer game has been classified M, PG or G. (4) In proceedings for an offence against this section, evidence that a person made 10 or more copies of an unclassified computer game is evidence that the person intended to sell or demonstrate the computer game and, in the absence of evidence to the contrary, is proof of that fact. S. 45A inserted by No. 60/1998 s. 11. 45A Possession or copying of commercial quantity of RC computer games s. 45A (1) A person must not possess a commercial quantity of— (a) computer games classified RC; or (b) unclassified computer games which would, if classified, be classified RC; or
63 Exemption of film, publication, computer game or advertisement s. 63 The Director may, on application, direct in writing that this Act does not apply, to the extent and subject to any condition specified in the direction, to or in relation to any film, publication, computer game or advertisement. S. 64 amended by No. 79/2006 s. 6 (ILA s. 39B(1)). 64 Exemption of approved organisation (1) The Director may, on application under section 67, direct in writing that this Act does not apply, or any of the provisions of this Act do not apply, to an organisation approved under section 66 in relation to the exhibition of a film at an event, where the film and the event are specified in the direction. S. 64(2) inserted by No. 79/2006 s. 6. (2) The Director may, on application under section 67, direct in writing that this Act does not apply, to the extent and subject to any condition specified in the direction, to an organisation approved under section 66A in respect of all or any of its activities or functions that relate to films or computer games. 65 Ministerial directions or guidelines In considering whether to make a direction under section 63 or 64, the Director must give effect to any directions or guidelines issued by the Minister in relation to the application of this Act.
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— s. 75 has been lawfully seized by a member of the police force 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). (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 member of the police force and the member 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 member 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 No. 60/1998 s. 12(1)(b). s. 75 (4) The owner of a film, publication or computer game that has been lawfully seized by a member of the police force may apply within 60 days of
S. 87B(2) inserted by No. 69/2001 s. 18. (2) Section 40(3A) and (3B), as inserted by section 11(1) of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001, applies to a computer game whether published before or after the commencement of section 11(1) of that Act. S. 87B(3) inserted by No. 69/2001 s. 18. (3) Sections 62A and 62B, as inserted by section 15 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001, apply to a publication, film or computer game whether published before or after the commencement of section 15 of that Act. S. 87B(4) inserted by No. 69/2001 s. 18. (4) An amendment of this Act made by any other provision of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001 only applies to— (a) a publication, film or computer game first published on or after the commencement of that provision; or (b) a publication, film or computer game for which an application for classification is made on or after that commencement. S. 87C inserted by No. 6/2005 s. 11. 87C Definition (2005 amendments) s. 87C In sections 87D and 87E, equivalent former classification in relation to a classification specified in column 1 of the following table— (a) in the case of a film, means the former classification specified opposite it in column 2 of the table; and