(3) If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period. 3 Definitions s. 3 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; adult means a person who is 18 or older; advertisement has the same meaning as in the Commonwealth Act; S. 3 def. of Advertising Scheme inserted by No. 33/2009 s. 4. Advertising Scheme means the scheme for the advertising of unclassified films and unclassified computer games that is determined from time to time under section 31(1) of the Commonwealth Act; approved advertisement means an advertisement approved under section 29 of the Commonwealth Act; S. 3 def. of approved form substituted by No. 5/2008 s. 4(1). approved form means a form approved under section 8A of the Commonwealth Act; S. 3 def. of assessed inserted by No. 33/2009 s. 4. assessed, in relation to an unclassified film or an unclassified computer game, means assessed in accordance with the Advertising Scheme or under section 33 of the Commonwealth Act;
film which would, if classified, be classified RC, X 18+ or R 18+. S. 12(1)(a) amended by No. 6/2005 s. 5(h)(ii). (a) if the film is classified, or is subsequently classified, R 18+—20 penalty units; S. 12(1)(b) amended by No. 6/2005 s. 5(h)(i). (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
S. 14(3)(a) amended by No. 68/2009 s. 97(Sch. item 20.3). (a) the accused or the employee or agent of the accused took all reasonable steps to ensure that a minor was not present in contravention of subsection (1); or S. 14(3)(b) amended by No. 68/2009 s. 97(Sch. item 20.3). (b) the accused or the employee or agent of the accused believed on reasonable grounds that the minor was 15 or older; or S. 14(3)(c) amended by No. 68/2009 s. 97(Sch. item 20.3). (c) the accused or the employee or agent of the accused believed on reasonable grounds that the person accompanying the minor was the minor's parent or guardian. Division 2— of films S. 15 (Heading) inserted by No. 6/2005 s. 5(m). S. 15 amended by No. 60/1998 s. 5 (ILA s. 39B(1)). 15 Unclassified, RC and X 18+ films s. 15 S. 15(1) amended by No. 6/2005 s. 5(n)(i). (1) A person must not sell an unclassified film or a film classified RC or X 18+. (a) if the film is subsequently classified G, PG or M—5 penalty units; S. 15(1)(b) amended by No. 6/2005 s. 5(n)(ii)(iii). (b) if the film is subsequently classified MA 15+ or R 18+—10 penalty units; S. 15(1)(c) amended by No. 6/2005 s. 5(n)(i). (c) if the film is classified or is subsequently classified X 18+—60 penalty units or imprisonment for 6 months;
computer game is sold bears a marking that indicates or suggests that the computer game is unclassified or has a different classification. in the case of a natural person, 20 penalty units; in the case of a body corporate, 50 penalty units. S. 40(3A) inserted by No. 69/2001 s. 11(1). (3A) 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. in the case of a natural person, 20 penalty units; in the case of a body corporate, 50 penalty units. S. 40(3B) inserted by No. 69/2001 s. 11(1). (3B) If two or more computer games are available for playing on a device referred to in subsection (3A), 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. S. 40(4) substituted by No. 69/2001 s. 11(2). (4) If— (a) a computer game is reclassified under section 39 of the Commonwealth Act; or (b) the Board revokes a classification or consumer advice for a computer game under section 22B(3) 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
5 penalty units. S. 43(6) amended by No. 37/2014 s. 10(Sch. item 19.3(d)). (6) If a police officer has reasonable grounds to believe that any of the particulars given by a person under subsection (1) are false, the police officer may require the person to produce within a reasonable time evidence of the correctness of the particulars given by the person. (7) A person must not fail or refuse to produce satisfactory evidence of the correctness of particulars required under subsection (6). 1 penalty unit. (8) If— (a) a computer game is about to be demonstrated in a public place in contravention of this Part; and (b) a demand under subsection (1) is made to a person attending the demonstration; and (c) the person immediately leaves the public place after the demand is made— the person is not guilty of an offence against subsection (3). 44 Leaving computer games in certain places s. 44 (1) A person must not leave in a public place or, without the occupier's permission, on private premises— S. 44(1)(a) amended by Nos 6/2005 s. 6(g), 72/2012 s. 9(1). (a) a computer game classified RC, R 18+ or MA 15+; or S. 44(1)(b) amended by Nos 6/2005 s. 6(g), 72/2012 s. 9(1). (b) an unclassified computer game which would, if classified, be classified RC, R 18+ or MA 15+.
S. 44(1)(c) amended by No. 6/2005 s. 6(g). (c) if the computer game is classified, or is subsequently classified, MA penalty units or imprisonment for 6 months; S. 44(1)(ca) inserted by No. 72/2012 s. 9(2). (ca) if the computer game is classified, or 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. S. 44(2) amended by No. 68/2009 s. 97(Sch. item 20.16). (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 computer game was not, or would not be, so classified. 45 Possession or copying of computer game for the purpose of sale or demonstration s. 45 (1) A person must not possess— (a) a computer game classified RC; or (b) an unclassified computer game— with the intention of selling or demonstrating the computer game. S. 45(1)(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(1)(ca) inserted by No. 72/2012 s. 10(1). (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;
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 s. 48 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 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. 48 (Table) amended by No. 72/2012 s. 11. 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. 49 amended by No. 6/2005 s. 7(c)(i)–(iii), substituted by No. 33/2009 s. 8. 49 Liability for certain advertisements s. 49 (1) A person must not screen in a public place, or so that it can be seen from a public place, an advertisement for— (a) a film classified RC, X 18+, R 18+ or MA 15+; or
(b) a publication classified Category 1 restricted or Category 2 restricted; or S. 55(c) substituted by No. 33/2009 s. 11(2). (c) a classified computer game— unless the publication also contains a list of the classification symbols and determined markings for films or publications or computer games respectively. in the case of a natural person, 20 penalty units; s. 55 in the case of a body corporate, 50 penalty units. _______________ 56 Definitions s. 56 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
(5) It is a defence to a prosecution for an offence against subsection (4) to prove that— s. 58 S. 58(5)(a) amended by No. 68/2009 s. 97(Sch. item 20.18). (a) the accused believed on reasonable grounds that the parent or guardian of the minor had consented to the material being published or transmitted, or made available for transmission, to the minor; or S. 58(5)(b) amended by No. 68/2009 s. 97(Sch. item 20.18). (b) the accused— (i) did not know and could not reasonably have known that the person to whom the material was published or transmitted, or made available for transmission, was a minor under 15; and (ii) had taken reasonable steps to prevent publishing or transmitting, or making available for transmission, the material to a minor under 15. (6) Subsection (4) does not apply to a person who provides an on-line information service or a telecommunication service unless the person knowingly publishes, transmits or makes available for transmission to a minor under 15 material unsuitable for minors under 15. S. 59 amended by No. 72/2012 s. 20 (ILA s. 39B(1)). 59 Advertising of objectionable material etc. s. 59 (1) A person must not— (a) publish an advertisement or notice; or
S. 67(2A) inserted by No. 79/2006 s. 9(2). (2A) An application for an exemption under section 64(2) must— S. 67(2A)(a) amended by No. 5/2008 s. 10. (a) be in the form approved by the Director for the purposes of this subsection and published in the Commonwealth Gazette; and (b) specify the extent of the exemption sought; and (c) be accompanied by the prescribed fee, if any. (3) The Director must notify an organisation in writing of a decision to refuse an application for an exemption within 30 days after the date of the decision and must give reasons for the decision. s. 67 _______________ 68 Interpretation s. 68 (1) For the purposes of this Part, a thing is connected with a particular offence if— (a) the offence has been committed with respect to it; or (b) it will afford evidence of the commission of the offence; or (c) it was used, or it is intended to be used, for the purpose of committing the offence. (2) In this Part, a reference to an offence includes a reference to an offence that there are reasonable grounds for believing will be committed. S. 68(3) amended by No. 37/2014 s. 10(Sch. item 19.6). (3) Where a police officer is authorised under this Part to enter a place, and enters that place, a reference in this Part to the occupier of the place includes a reference to a person whom the police
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 (Heading) inserted by No. 6/2005 s. 8(1). S. 75A inserted by No. 60/1998 s. 13. 75A Forfeiture—commercial quantity etc. s. 75A (1) If a person is found guilty of an offence in relation to a commercial quantity of films, publications or computer games, any other film, publication or computer game that was seized at the same time from the same premises as the commercial quantity is forfeited to the Crown at the expiry of 30 days after the finding of guilt unless the Magistrates' Court makes an order under subsection (4). S. 75A(1A) inserted by No. 6/2005 s. 8(2). (1A) If a person is found guilty of one or more offences against this Act, regardless of the number of charges filed, in relation to 10 or more— (a) films classified RC or X or X 18+; or (b) publications or computer games classified RC; or