Table Of Contents

Classification (Publications, Films and Computer Games) Enforcement Amendment (Uniform Classification) Act 2004 No 82

An Act to amend the Classification (Publications, Films and Computer Games) Enforcement Act 1995 to give effect to uniform film and computer game classifications; and for other purposes.
2   Commencement
(1)  This Act commences or is taken to have commenced on the commencement of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth except as otherwise provided by this section.
(2)  Schedule 1 [27] and [28] commence or are taken to have commenced on the commencement of:whichever is the later.
4   Amendment of other Acts
Each Act specified in Schedule 2 is amended as set out in that Schedule.
Schedule 1 Amendment of Classification (Publications, Films and Computer Games) Enforcement Act 1995
(Section 3)
[1]   Section 3 Object of Act
Omit “(as set out in the Schedule to that Act)” from the second note to the section.
[2]   Section 3, note
Omit “The text of the Code is set out in the note appearing at the end of this Act.” from the second note to the section.
[3]   Section 4 Definitions
Omit the definition of Code from the note to the section. Insert instead:
  
Code means the National Classification Code, set out in the Schedule to this Act as originally enacted, as amended in accordance with section 6.
[4]   Section 4, note
Omit “(15+)” from paragraph (b) of the definition of contentious material.
[5]   Section 6 Sale or public exhibition of unclassified, RC or X 18+ films prohibited
Omit “X” wherever occurring. Insert instead “X 18+”.
[6]   Section 6
Omit “MA or R”. Insert instead “MA 15+ or R 18+”.
[7]   Section 9 Sale of certain films to minors prohibited
Omit “X” wherever occurring in section 9 (1). Insert instead “X 18+”.
[8]   Section 9 (2)
Omit “R” wherever occurring. Insert instead “R 18+”.
[9]   Section 9 (4)
Omit “MA”. Insert instead “MA 15+”.
[10]   Section 10 Parents not to permit minors to attend RC, X 18+ or R 18+ films
Omit “X or R” wherever occurring. Insert instead “X 18+ or R 18+”.
[11]   Section 11 Minors over 15 not to buy or attend RC, X 18+ or R 18+ films
Omit “X or R” wherever occurring. Insert instead “X 18+ or R 18+”.
[12]   Section 12 R 18+ films not to be publicly exhibited in presence of minors
Omit “R” from section 12 (1). Insert instead “R 18+”.
[13]   Section 13 MA 15+ films not to be publicly exhibited in presence of minors under 15
Omit “MA” from section 13 (1). Insert instead “MA 15+”.
[14]   Section 14 Private exhibition of RC, X 18+ or R 18+ films in presence of minors
Omit “X” wherever occurring in section 14 (1). Insert instead “X 18+”.
[15]   Section 14 (2)
Omit “R” wherever occurring. Insert instead “R 18+”.
[16]   Section 16 Keeping unclassified, RC or X 18+ films with other films
Omit “X” from section 16 (1). Insert instead “X 18+”.
[17]   Section 17 Leaving RC or X 18+ films in certain places
Omit “X” wherever occurring. Insert instead “X 18+”.
[18]   Section 18 Possession or copying of films for the purpose of sale or exhibition
Omit “X” wherever occurring. Insert instead “X 18+”.
[19]   Section 27 Sale or public demonstration of unclassified or RC computer games prohibited
Omit “G (8+) or M (15+)”. Insert instead “PG or M”.
[20]   Section 27
Omit “MA (15+)”. Insert instead “MA 15+”.
[21]   Section 30 Sale or delivery of RC or MA 15+ computer games to minors prohibited
Omit “MA (15+)” wherever occurring in section 30 (2).
Insert instead “MA 15+”.
[22]   Section 32 MA 15+ computer games not to be publicly demonstrated in presence of minors under 15
Omit “MA (15+)” from section 32 (1). Insert instead “MA 15+”.
[23]   Section 34 Computer games to display determined markings and consumer advice
Omit “MA (15+)” from section 34 (1). Insert instead “MA 15+”.
[24]   Section 39 Certain films, publications and computer games not to be advertised
Omit “X” from section 39 (1) (a). Insert instead “X 18+”.
[25]   Section 40 Advertisements with feature films
Omit section 40 (3). Insert instead:
  
(3)  The hierarchy of film classification is as follows:
(a)  G is a lower classification than PG, M, MA 15+ or R 18+,
(b)  PG is a lower classification than M, MA 15+ or R 18+,
(c)  M is a lower classification than MA 15+ or R 18+,
(d)  MA 15+ is a lower classification than R 18+.
[26]   Section 41 Advertisements with computer games
Omit section 41 (2). Insert instead:
  
(2)  The hierarchy of computer game classification is as follows:
(a)  G is a lower classification than PG, M or MA 15+,
(b)  PG is a lower classification than M or MA 15+,
(c)  M is a lower classification than MA 15+.
[27]   Section 45A Definitions (as inserted by the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2001)
Omit “R” wherever occurring from the definition of matter unsuitable for minors.
Insert instead “R 18+”.
[28]   Section 45A, definition of “objectionable matter” (as inserted by the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2001)
Omit “X” wherever occurring. Insert instead “X 18+”.
[29]   Section 53 Exemptions for public libraries
Omit the definition of MA material from section 53 (1). Insert instead:
  
MA material means a film, or computer game, classified MA 15+.
[30]   Section 53 (1)
Omit “R” from paragraph (a) of the definition of restricted material.
Insert instead “R 18+”.
[31]   Section 63 Certain proceedings precluded
Omit “X” from section 63 (b). Insert instead “X 18+”.
[32]   Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
  
Classification (Publications, Films and Computer Games) Enforcement Amendment (Uniform Classification) Act 2004
[33]   Schedule 1, Part 4
Insert after Part 3:
  
Part 4 Provisions consequent on Classification (Publications, Films and Computer Games) Enforcement Amendment (Uniform Classification) Act 2004
Note—
On the commencement of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth, classifications for films and computer games will be altered to establish new classifications. The changes to this Act reflect the changes made under the Commonwealth amending Act.
Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth provides for the conversion of pre-commencement classifications to the equivalent new classifications under the Commonwealth Act. Classifications listed below in Column 1 and Column 2 are being replaced by the classification specified opposite in Column 3.
Column 1
Column 2
Column 3
Previous classification for films
Previous classification for computer games
New classification for films and computer games
G
G
G
PG
G (8+)
PG
M
M (15+)
M
MA
MA (15+)
MA 15+
R
 
R 18+ (Films only)
X
 
X 18+ (Films only)
RC
RC
RC
9   Definitions
In this Part:
Commonwealth amending Act means the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth.
equivalent former classification means:
(a)  in relation to a film classified G, PG, M, MA 15+, R 18+, X 18+ or RC, a classification of G, PG, M, MA, R, X or RC respectively, or
(b)  in relation to a computer game classified G, PG, M, MA 15+ or RC, a classification of G, G (8+), M (15+), MA (15+) or RC respectively.
State amending Act means the Classification (Publications, Films and Computer Games) Enforcement Amendment (Uniform Classification) Act 2004.
10   Amendments extend to films and computer games classified before commencement
(1)  An amendment made by the State amending Act to this Act or any other Act extends to a film or computer game classified before the commencement of the amendment.
(2)  For that purpose, a reference in this Act or any other Act to a classification of a film or computer game, in relation to conduct that occurs or is alleged to occur on or after the commencement of any amendment made by the State amending Act, is a reference to the classification that the film or computer game has or is taken to have under the Commonwealth Act on or after the commencement of Schedule 1 to the Commonwealth amending Act.
(3)  Unless the regulations otherwise provide, if a film or computer game was classified prior to the commencement of Schedule 1 to the Commonwealth amending Act:
(a)  a person does not commit an offence under section 15 (3) or 34 (4) by selling the film or computer game in a container, wrapping or casing that displays a marking indicating the equivalent former classification of the film or computer game, and
(b)  a person does not commit an offence under section 43 (2) by publishing an advertisement for the film or computer game that indicates the equivalent former classification of the film or computer game.
11   Offences committed before commencement of State amending Act to be dealt with under old law
(1)  Any proceedings for an offence under this Act or any other Act in relation to conduct that occurred or is alleged to have occurred before the commencement of Schedule 1 to the Commonwealth amending Act are to be dealt with as if the State amending Act had not been enacted, except as otherwise provided by this clause.
(2)  For the purpose of any such proceedings, a reference in this Act or any other Act to a classification of a film or computer game is a reference to the classification that had effect under the Commonwealth Act before the commencement of Schedule 1 to the Commonwealth amending Act.
(3)  If such proceedings relate to an offence under this Act with respect to a film or computer game that was unclassified at the commencement of Schedule 1 to the Commonwealth amending Act, the following provisions apply:
(a)  for the purpose of section 59, proceedings for the offence may be commenced when the film or computer game has been classified under the Commonwealth Act (as amended by the Commonwealth amending Act),
(b)  a film or computer game classified G, PG, M, MA 15+, R 18+, X 18+ or RC, after the commencement of Schedule 1 to the Commonwealth amending Act, is taken to have been classified with the equivalent former classification,
(c)  evidence or proof that a film or computer game has been classified G, PG, M, MA 15+, R 18+, X 18+ or RC is taken to be evidence or proof of the equivalent former classification.
[34]   Note National Classification Code
Omit the note.
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Children (Detention Centres) Act 1987 No 57
Section 17A Detainees not to be supplied with or allowed alcohol, tobacco or adult films
Omit “X or R” from section 17A (2). Insert instead “X 18+ or R 18+”.
2.2 Crimes Act 1900 No 40
Section 578C Publishing child pornography and indecent articles
Omit “X” from paragraph (e) of the definition of article in section 578C (1).
Insert instead “X 18+”.