Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005
Act No.
table of provisions
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1.Purposes
2.Commencement
3.Principal Act
4.Definition of "Code"
5.Classification categories—films
6.Classification categories—computer games
7.Classification categories—other references
8.Forfeiture
9.Evidentiary certificates
10.Child exploitation
11.New sections 87C to 87F inserted
87C.Definition (2005 amendments)
87D.Films and computer games classified before 2005 amendments
87E.Offences committed before 2005 amendments
87F.Other transitional provisions (2005 amendments)
12.Consequential amendments
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Endnotes
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A BILL
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551224B.I1-22/2/2005BILL LA INTRODUCTION 22/2/2005
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to amend the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995, the Crimes Act 1958and the Confiscation Act 1997 and for other purposes.
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551224B.I1-22/2/2005BILL LA INTRODUCTION 22/2/2005
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Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005
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551224B.I1-22/2/2005BILL LA INTRODUCTION 22/2/2005
Act No.
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005
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551224B.I1-22/2/2005BILL LA INTRODUCTION 22/2/2005
Act No.
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005
The Parliament of Victoriaenacts as follows:
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551224B.I1-22/2/2005BILL LA INTRODUCTION 22/2/2005
Act No.
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005
1.Purposes
The purposes of this Act are—
(a)to amend the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995—
(i)to reflect changes made to classification categories by the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth;
(ii)to provide further for evidentiary certificates;
(iii)to provide further for forfeiture of items seized in the enforcement of the Act;
(iv)to change the age threshold of victims in relation to objectionable material, objectionable films and objectionable publications; and
(b)to make consequential amendments to the Crimes Act 1958and the Confiscation Act 1997.
2.Commencement
s. 2
(1)This Act (except sections 4, 5, 6, 7 and 12) comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Sections 4, 5, 6, 7 and 12 come into operation on the same day as Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth.
3.Principal Act
See:
Act No.
90/1995.
Reprint No. 1
as at
1 January 1999
and amending
Act No.
69/2001.
LawToday:
dpc.vic.
gov.au
In this Act, the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 is called the Principal Act.
4.Definition of "Code"
s. 4
In section 3 of the Principal Act, for the definition of "Code" substitute—
' "Code" means the National Classification Code, set out in the Schedule to the Commonwealth Act as originally enacted, as amended in accordance with section 6 of the Commonwealth Act;'.
5.Classification categories—films
In the Principal Act—
(a)in section 3, in paragraph (d) of the definition of "objectionable film", for "X" (wherever occurring) substitute "X 18+";
(b)insert the following heading to section 8—
"Exhibition of RC and X 18+ films";
(c)in section 8, for "X" (wherever occurring) substitute "X 18+";
(d)insert the following heading to section 9—
"Exhibition of unclassified, RC, X 18+, R18+ and MA 15+ films";
(e)in section 9—
(i)for "X" (wherever occurring) substitute "X 18+";
(ii)for "R" (wherever occurring) substitute "R 18+";
(iii)for "MA" (wherever occurring) substitute "MA 15+";
(f)in section 10—
(i)for "X" (wherever occurring) substitute "X 18+";
(ii)for "R" (wherever occurring) substitute "R 18+";
(g)in section 11—
(i)for "X" substitute "X 18+";
(ii)for "R" substitute "R 18+";
(h)in section 12—
(i)for "X" (wherever occurring) substitute "X 18+";
(ii)for "R" (wherever occurring) substitute "R 18+";
(i)insert the following heading to section 13—
"Attendance of minor at R 18+ film—offence by exhibitor";
(j)in section 13, for "R" substitute "R 18+";
(k)insert the following heading to section 14—
"Attendance of minor at MA 15+ film—offence by exhibitor";
s. 5
(l)in section 14, for "MA" substitute "MA15+";
(m)insert the following heading to section 15—
"Unclassified, RC and X 18+ films";
(n)in section 15—
(i)for "X" (wherever occurring) substitute "X 18+";
(ii)for "MA" substitute "MA 15+";
(iii)for "R" substitute "R 18+";
(o)insert the following heading to section 19—
"Keeping unclassified, RC or X 18+ films with other films";
(p)in section 19, for "X" (wherever occurring) substitute "X 18+";
(q)in section 20—
(i)for "X" (wherever occurring) substitute "X 18+";
(ii)for "R" (wherever occurring) substitute "R 18+";
(iii)for "MA" substitute "MA 15+";
(r)in section 22—
(i)for "X" (wherever occurring) substitute "X 18+";
(ii)for "R" (wherever occurring) substitute "R 18+";
(iii)for "MA" (wherever occurring) substitute "MA 15+";
(s)in section 23—
(i)for "X" (wherever occurring) substitute "X 18+";
s. 5
(ii)for "R" (wherever occurring) substitute "R 18+";
(iii)for "MA" (wherever occurring) substitute "MA 15+";
(t)insert the following heading to section23A—
"Possession or copying of commercial quantity of RC or X 18+ films";
(u)in section 23A, for "X" (wherever occurring) substitute "X 18+".
6.Classification categories—computer games
s. 6
In the Principal Act—
(a)insert the following heading to section 37—
"MA 15+ computer games";
(b)in section 37, for "MA (15+)"substitute "MA 15+";
(c)insert the following heading to section 38—
"Demonstration of unclassified, RC and MA 15+ computer games";
(d)in section 38, for "MA (15+)" (wherever occurring) substitute "MA 15+";
(e)in section 41, for "MA (15+)"substitute "MA 15+";
(f)in section 42, for "MA (15+)" substitute "MA 15+";
(g)in section 44, for "MA (15+)" (wherever occurring) substitute "MA 15+";
(h)in section 45—
(i)for "MA (15+)" (wherever occurring) substitute "MA 15+";
(ii)for "M (15+)" substitute "M";
(iii)for "G (8+)" substitute "PG".
7.Classification categories—other references
In the Principal Act—
(a)in section 47, for "X" substitute "X 18+";
(b)in section 48, in the Table—
(i)for "MA" (wherever occurring) substitute "MA 15+";
(ii)for "R" (wherever occurring) substitute "R 18+";
(c)in section 49—
(i)for "X" substitute "X 18+";
(ii)for "R" (wherever occurring) substitute "R 18+";
(iii)for "MA" (wherever occurring) substitute "MA 15+";
(d)in section 50, in the Table—
(i)for "MA" (wherever occurring) substitute "MA 15+";
(ii)for "R" (wherever occurring) substitute "R 18+";
(e)in section 51, in the Table—
(i)for "G (8+)" (wherever occurring) substitute "PG";
(ii)for "M (15+)" (wherever occurring) substitute "M";
(iii)for "MA (15+)" (wherever occurring) substitute "MA 15+";
s. 7
(f)in section 53, for "X" (wherever occurring) substitute "X 18+";
(g)in section 56—
(i)for "R" (wherever occurring) substitute "R 18+";
(ii)for "MA" (wherever occurring) substitute "MA 15+";
(iii)for "MA (15+)" (wherever occurring) substitute "MA 15+";
(h)in section 75, for "X" (wherever occurring) substitute "X 18+";
(i)in section 75A, for "X" substitute "X 18+";
(j)in section 83—
(i)for "X" substitute "X 18+";
(ii)for "R" substitute "R 18+";
(iii)for "MA" substitute "MA 15+";
(iv)for "MA (15+)" substitute "MA 15+".
8.Forfeiture
s. 8
(1)Insert the following heading to section 75A of the Principal Act—
"Forfeiture—commercial quantity etc.".
(2)After section 75A(1) of the Principal Act insert—
"(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 18+; or
(b)publications or computer games classified RC; or
(c)objectionable films or objectionable publications—
any other film, publication or computer game that was seized at the same time from the same premises as the items referred to in paragraph (a), (b) or (c) is forfeited to the Crown at the expiry of 30 days after the finding of guilt unless the Magistrates' Court makes an order under sub-section (4).".
(3)In section 75A(2) of the Principal Act, after "(1)" (wherever occurring) insert "or (1A)".
(4)In section 75A(4)(a) of the Principal Act, after "commercial quantity" insert "or the items referred to in paragraph (a), (b) or (c) of sub-section (1A), as the case may be".
9.Evidentiary certificates
s. 9
(1)In section 78 of the Principal Act, after "certificate" (where first occurring) insert ", or a copy of a certificate,".
(2) After section 78(a) of the Principal Act insert—
"(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".
(3)After section 78(c) of the Principal Act insert—
"(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".
(4) In section 78 of the Principal Act, for "facts" substitute "matters".
(5)At the end of section 78 of the Principal Act insert—
"(2)A certificate referred to in sub-section (1) in respect of a film, publication, computer game or advertisement applies to each copy of the film, publication, computer game or advertisement the particulars of which correlate with the particulars in the certificate.".
10.Child exploitation
s. 10
(1)In section 3 of the Principal Act—
(a)in paragraph (b) of the definition of "objectionable film", omit "under 16";
(b)in paragraph (c) of the definition of "objectionable publication", omit "under16".
(2)In section 56 of the Principal Act, in paragraph (c)(ii) of the definition of "objectionable material", omit "under 16".
(3)In section 57A of the Principal Act, omit "under16".
11.New sections 87C to 87F inserted
After section 87B of the Principal Act insert—
'87C. Definition (2005 amendments)
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
(b)in the case of a computer game, means the former classification specified opposite it in column 3 of the table.
TABLE
Column 1 / Column 2 / Column 3New classification / Former classification for films / Former classification for computer games
PG / G (8+)
M / M (15+)
MA 15+ / MA / MA (15+)
R 18+ / R
X 18+ / X
87D.Films and computer games classified before 2005 amendments
s. 11
(1)An amendment of this Act made by sections4, 5, 6, 7 and 12 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005 extends to a film or computer game classified before the commencement of the amendment.
(2)For that purpose, a reference in this Act to a classification of a film or computer game, in relation to an offence against this Act that is alleged to have been committed on or after the commencement of sections 4, 5, 6, 7 and 12 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005, 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 Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth.
(3)If a film or computer game was classified before the commencement of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth—
(a)a person does not commit an offence against section 18(3) or 40(3) of this Act 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 against section 53(2) of this Act by publishing an advertisement for the film or computer game that indicates the equivalent former classification of the film or computer game.
87E.Offences committed before 2005 amendments
s. 11
(1)This section applies to offences against this Act alleged to have been committed before the commencement of sections 4, 5, 6, 7 and 12 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005.
(2)Any proceeding for an offence referred to in sub-section (1) is to be dealt with as if sections 4, 5, 6, 7 and 12 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005 had not been enacted, except as otherwise provided by this section.
(3)For the purposes of any proceeding for an offence referred to in sub-section (1), a reference in this 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 Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth.
(4)If an offence referred to in sub-section (1) is alleged to have been committed in relation to an unclassified film or unclassified computer game that is subsequently classified on or after the commencement of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth, in any proceeding for the offence—
(a)the film or computer game is taken to have been classified with the equivalent former classification; and
(b)evidence or proof that the film or computer game is classified at a specified classification is taken to be evidence or proof of the equivalent former classification.
87F.Other transitional provisions (2005 amendments)
s. 11
(1)Section 75A as amended by section 8 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005 applies to films, publications and computer games seized on or after the commencement of section 8 of that Act.
(2)Section 78 as amended by section 9 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005 applies to any certificate issued on or after the commencement of section 9 of that Act .'.
12.Consequential amendments
s. 12
(1)In section 70(2)(a) of the Crimes Act 1958, after "X" insert "or X 18+".
(2)In item 5 of Schedule 1 to the Confiscation Act 1997—
(a)in paragraph (a), for "X" substitute "X 18+";
(b)in paragraph (b), for "X,R and MA" substitute "X 18+, R 18+ and MA 15+";
(c)in paragraph (c), for "X" substitute "X 18+";
(d)in paragraph (d), for "X" substitute "X18+";
(e)in paragraph (da), for "X" substitute "X18+".
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Act No.
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005
Endnotes
Endnotes
By Authority. Government Printer for the State of Victoria.
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