Table Of Contents

Classification (Publications, Films and Computer Games) Enforcement Amendment (Advertising) Act 2008 No 76

An Act to amend the Classification (Publications, Films and Computer Games) Enforcement Act 1995 in relation to the advertising of unclassified films and unclassified computer games.
2   Commencement
This Act commences on a day to be appointed by proclamation.
4   Repeal of Act
(1)  This Act is repealed on the day following the day on which this Act commences.
(2)  The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
Schedule 1 Amendments
(Section 3)
[1]   Section 4 Definitions
Insert in alphabetical order in section 4 (1):
  
Advertising Scheme means the scheme determined from time to time under section 31 of the Commonwealth Act.
[2]   Section 39 Certain films, publications and computer games not to be advertised
Omit section 39 (1) (b) and (e).
[3]   Section 39 (1A)
Insert after section 39 (1):
  
(1A)  A person must not publish an advertisement for an unclassified film or unclassified computer game otherwise than in accordance with the Advertising Scheme.
Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation.
[4]   Section 40 Advertisements with feature films
Insert after section 40 (2):
  
(2A)  A person must not publicly exhibit an advertisement for an unclassified film during a program for the exhibition of a classified film unless the exhibition of that advertisement with the classified film complies with the Advertising Scheme.
Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation.
(2B)  A person must not sell a classified film that is accompanied by an advertisement for an unclassified film or unclassified computer game unless the sale of that classified film with that advertisement complies with the Advertising Scheme.
Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation.
[5]   Section 41 Advertisements with computer games
Insert after section 41 (1):
  
(1A)  A person must not sell, or publicly demonstrate, a classified computer game that is accompanied by an advertisement for an unclassified computer game or unclassified film unless the sale or public demonstration of the classified computer game with that advertisement complies with the Advertising Scheme.
Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation.
[6]   Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
  
Classification (Publications, Films and Computer Games) Enforcement Amendment (Advertising) Act 2008
[7]   Schedule 1, Part 6
Insert after Part 5:
  
Part 6 Provisions consequent on Classification (Publications, Films and Computer Games) Enforcement Amendment (Advertising) Act 2008
13   Advertisements for unclassified films
(1)  A person does not commit an offence under section 39 (1A) by publishing an advertisement for an unclassified film if the advertisement is published in accordance with a transitional Commonwealth regulation.
(2)  In this clause:
transitional Commonwealth regulation means a regulation made under item 13 of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth.