Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (ACT)
Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
A1995-47
Republication No 24
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4Offences against Act—application of Criminal Code etc 3
5 Exhibition of film 3
5A Films consisting only of classified films 3
6 Application of Act 4
Part 2 Films
Division 2.1 Exhibition of films
7 Exhibition of film in public place 5
8 Exhibition of films—display of notice about classifications 6
9 Exhibition of RC and X 18+ films 6
10 Exhibition of unclassified, RC, X 18+, R 18+ and MA 15+ films 7
11 Attendance of child at certain films—offence by parents etc 8
12 Attendance of child at certain films—offence by child 8
13 Private exhibition of certain films in presence of child 9
14 Attendance of child at R 18+ film—offence by exhibitor 10
15 Attendance of child at MA 15+ film—offence by exhibitor 11
Division 2.2 Sale of films
16 Unclassified and RC films 12
17 Classified films 12
18 Sale of films—display of notice about classifications 13
19 Films to display determined markings and consumer advice 13
20 Possessing unclassified or RC films and other films at certain premises 15
21 Display of X 18+ films for sale 16
22 Sale of X 18+ films 16
23 Sale or delivery of certain films to child 17
24 Buying certain films—offence by child 20
Division 2.3 Miscellaneous
25 Power to ask name, age and address 20
26 Leaving films in certain places 21
27 Possessing or copying film 22
Part 3 Publications
28 Sale of unclassified RC publications 23
29 Category 1 restricted publications 23
30 Category 2 restricted publications 25
31 Sale or delivery of publications contrary to conditions 26
32 Consumer advice for unrestricted publications 27
33 Publications classified unrestricted 27
34 Misleading or deceptive markings 28
35 Sale of restricted publications to child 29
36 Leaving publications in certain places 30
37 Possessing or copying publication for purpose of publishing 32
Part 4 Computer games
38 Sale of computer game or demonstration in public place 33
39 Computer games—display of notice about classifications 33
40 RC computer games 34
41 Demonstration of R 18+ and MA 15+ computer games 35
42 Demonstration of unclassified, RC, R 18+ and MA 15+ computer games 35
43 Private demonstration of RC or R 18+ computer games in presence of child 36
44 Computer games to display determined markings and consumer advice 38
45 Possessing unclassified or RC computer games and other computer games 40
46 Sale or delivery of certain computer games to child 41
47 Leaving computer games in certain places 43
48 Possessing or copying computer game for purpose of sale or demonstration 44
Part 5 Advertisements
49 Certain advertisements not to be published 45
50 Certain films, publications and computer games not to be advertised 46
51 Screening advertisements with feature films 47
52 Liability of occupier for certain advertisements 48
53 Sale of feature films with advertisements 49
53A Advertisements with computer games 50
53B Advertisement to contain determined markings and consumer advice 51
53C Misleading or deceptive advertisements 52
53D Advertisements for category 1 restricted or category 2 restricted publications 53
53E Advertisements and X 18+ films 54
54 Classification symbols etc to be published with advertisements 55
Part 6 X 18+ films
Division 6.1 Preliminary
54A Definitions—pt 6 57
Division 6.2 X 18+ film licences
54C Application for X 18+ film licence 57
54D Further information on licence application 57
54E Grant or refusal of licence 58
54F Form of licence 59
54G Term of licence 59
54H Renewal of licence 59
54J Payment by instalments 59
54K Variation of conditions 60
54L Change of licensed premises 60
54N Cancellation 61
54P Surrender of licence 63
54Q Return of licence 63
Part 6A Enforcement for X 18+ films and R 18+ computer games
Division 6A.1 Enforcement
54T Definitions—div 6A.1 64
54U Inspectors 64
54V Identity cards 64
54W Powers of entry, search etc 65
54X Consent to entry and inspection 66
Division 6A.2 Seized films and computer games
54Y Definitions—div 6A.2 67
54YA When proceeding for defined offence decided 68
54YB Extension of defined period 68
54Z Notice 69
54ZA Return of seized films or computer games 69
54ZB Destruction of seized films or computer games 70
Part 7 Exemptions
55 Exemption—publications, films, computer games or advertisements 72
56 Ministerial directions and guidelines 72
Part 7A Notification and review of decisions
58 Meaning of reviewable decision—pt 7A 73
59 Reviewable decision notices 73
60 Applications for review 73
Part 8 Miscellaneous
61 Restricted publications area—construction and management 74
62 Restricted publications area—offences 74
63 Certificates as evidence 75
64 Starting prosecutions for offences 76
64A Forfeiture of certain publications, films and computer games 76
65 Publication to prescribed entity 77
66 Acts and omissions of representatives 77
67 Determination of fees 78
69 Regulation-making power 78
Schedule 1 Reviewable decisions 79
Dictionary81
Endnotes
1 About the endnotes 85
2 Abbreviation key 85
3 Legislation history 86
4 Amendment history 90
5 Earlier republications 104
6 Expired transitional or validating provisions 105
Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
An Act to provide for the enforcement of a scheme of classification of publications, films and computer games, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘exempt film—see the Commonwealth Act, section 5 (Definitions).’ means that the term ‘exempt film’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Exhibition of film
For this Act, a person is taken to exhibit a film in a public place if the person—
(a)arranges or conducts the exhibition of the film in the public place; or
(b)has the superintendence or management of the public place in which the film is exhibited.
5AFilms consisting only of classified films
(1)This section applies to a film that—
(a)is on 1 device; and
(b)consists only of 2 or more classified films.
(2)Despite any other provision of this Act, the film is to be treated, for this Act, as if each of the classified films were on a separate device.
Application of Act
This Act does not apply to—
(a)broadcasting services to which the Broadcasting Services Act 1992 (Cwlth) applies; or
(b)exempt films or exempt computer games; or
(c)publications, films or computer games that are subject to a conditional cultural exemption.
Part 2Films
Division 2.1 Exhibition of films
Exhibition of film in public place
(1)A person commits an offence if—
(a)the person exhibits a film in a public place; and
(b)the film is not classified.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if the person exhibits a classified film in a public place—
(a)with a title other than the title under which the film is classified; or
(b)in a form other than the form in which the film is classified.
Maximum penalty: 50 penalty units.
(3)A person does not commit an offence against subsection (2) in relation to a classified film if either or both of the following apply:
(a)the film—
(i)is exhibited under a title different from that under which it is classified; and
(ii)is contained on 1 device that consists only of 2 or more classified films;
(b)the classified film is exhibited with modifications mentioned in the Commonwealth Act, section 21 (2) or (3).
Exhibition of films—display of notice about classifications
(1)A person commits an offence if—
(a)the person exhibits a film in a public place; and
(b)the person does not display a notice—
(i)in the approved form about classifications for films; and
(ii)in the public place so that the notice is clearly visible to the public.
Maximum penalty: 5 penalty units.
NoteThe notice is approved by the director of the board (see dict, def approved form).
(2)An offence against this section is a strict liability offence.
Exhibition of RC and X 18+ films
(1)A person commits an offence if—
(a)the person exhibits a film in a public place; and
(b)the film is classified RC.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person exhibits a film in a public place; and
(b)the film is classified X 18+; and
(c)the public place is not a restricted publications area that is located in premises in an area prescribed by regulation.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Exhibition of unclassified, RC, X 18+, R 18+ and MA 15+ films
(1)A person commits an offence if—
(a)the person exhibits a film somewhere that is not a controlled space for exhibiting the film; and
(b)the film is—
(i)classified RC, X 18+, R 18+ or MA 15+; or
(ii)an unclassified film; and
(c)for an unclassified film—the film is subsequently classified RC, X 18+, R 18+ or MA 15+.
Maximum penalty:
(a)for a film classified RC, or an unclassified film that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both; or
(b)for a film classified X 18+, or an unclassified film that is subsequently classified X 18+—50 penalty units, imprisonment for 6 months or both; or
(c)for a film classified MA 15+ or R 18+, or an unclassified film that is subsequently classified MA 15+ or R 18+—20 penalty units.
(2)Absolute liability applies to subsection (1) (c).
(3)This section does not apply if the film is an unclassified film and the person does not believe, and has no reasonable grounds for believing, that the film would be classified RC, X 18+, R 18+ or MA 15+.
(4)In this section:
controlled space, for exhibiting a film, means a space where the person exhibiting the film—
(a)can prevent someone entering the space; and
(b)can prevent the film being seen from outside the space.
Attendance of child at certain films—offence by parents etc
(1)A person commits an offence if—
(a)the person is a parent or guardian of a child; and
(b)the person permits the child to attend the exhibition of a film in a public place; and
(c)the person knows the film is—
(i)classified RC, X 18+ or R 18+; or
(ii)an unclassified film; and
(d)for an unclassified film—the film is subsequently classified RC, X 18+ or R 18+.
Maximum penalty: 20 penalty units.
(2)Absolute liability applies to subsection (1) (d).
(3)This section does not apply if the film is an unclassified film and the person does not believe, and has no reasonable grounds for believing, that the film would be classified RC, X 18+ or R 18+.
Attendance of child at certain films—offence by child
A child commits an offence if—
(a)the child is 15 years old or older; and
(b)the child attends the exhibition of a film in a public place; and
(c)the child knows the film is classified X 18+ or R 18+.
Maximum penalty: 5 penalty units.
Private exhibition of certain films in presence of child
(1)A person commits an offence if—
(a)the person exhibits a film in a place other than a public place; and
(b)a child is present during any part of the exhibition; and
(c)the film is—
(i)classified RC, X 18+ or R 18+; or
(ii)an unclassified film; and
(d)for an unclassified film—the film is subsequently classified RC, X 18+ or R 18+.
Maximum penalty:
(a)for a film classified RC, or an unclassified film that is subsequently classified RC—50 penalty units, imprisonment for 6 months or both; or
(b)for a film classified X 18+, or an unclassified film that is subsequently classified X 18+—50 penalty units; or
(c)for a film classified R 18+, or an unclassified film that is subsequently classified R 18+—20 penalty units.
(2)Absolute liability applies to—
(a)the circumstance that the person present is a child; and
(b)subsection (1) (d).
(3)This section does not apply if—
(a)the person is a parent or guardian of the child; or
(b)the film is an unclassified film and the person does not believe, and has no reasonable grounds for believing, that the film would be classified RC, X 18+ or R 18+.
(4)It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant believed, on reasonable grounds, that the child was an adult.
Attendance of child at R 18+ film—offence by exhibitor
(1)A person commits an offence if—
(a)the person exhibits a film in a public place; and
(b)the film is classified R 18+; and
(c)a child is present during any part of the exhibition.
Maximum penalty: 50 penalty units.
(2)Strict liability applies to subsection (1) (b).
(3)Absolute liability applies to the circumstance that the person present is a child.
(4)It is a defence to a prosecution for an offence against this section if the defendant proves that—
(a)the child produced to the defendant acceptable proof of age before the child was admitted to the public place; and
(b)the defendant believed, on reasonable grounds, that the child was an adult.
Attendance of child at MA 15+ film—offence by exhibitor
(1)A person commits an offence if—
(a)the person exhibits a film in a public place; and
(b)the film is classified MA 15+; and
(c)a child under 15 years old is present during any part of the exhibition; and
(d)the child is not accompanied by a parent or guardian of the child.
Maximum penalty: 10 penalty units.
(2)For subsection (1), a child does not stop being accompanied if the parent or guardian is temporarily absent from the exhibition of the film.
(3)Strict liability applies to subsection (1) (b).
(4)Absolute liability applies to the circumstance that the person present is a child under 15 years old.
(5)It is a defence to a prosecution for an offence against this section if the defendant proves that—
(a)the defendant took all reasonable steps to ensure that the child was not present in contravention of subsection (1); or
(b)the defendant believed, on reasonable grounds, that the child was 15 years old or older; or
(c)the defendant believed, on reasonable grounds, that the person accompanying the child was the child’s parent or guardian.
Division 2.2 Sale of films
Unclassified and RC films
A person commits an offence if—
(a)the person sells a film; and
(b)the film is an unclassified film or a film classified RC.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Classified films
(1)A person commits an offence if the person sells a classified film—
(a)with a title other than the title under which the film is classified; or
(b)in a form other than the form in which the film is classified.
Maximum penalty: 50 penalty units.
(2)A person does not commit an offence against subsection (1) in relation to a classified film if either or both of the following apply:
(a)the film—
(i)is sold under a title different from that under which it is classified; and
(ii)is contained on 1 device that consists only of 2 or more classified films;
(b)the film is sold with modifications mentioned in the Commonwealth Act, section 21 (2) or (3).
Sale of films—display of notice about classifications
(1)A person commits an offence if—
(a)the person sells a film at any premises; and
(b)the person does not display a notice—
(i)in the approved form about classifications for films; and
(ii)in the premises so that the notice is clearly visible to the public.
Maximum penalty: 5 penalty units.
NoteThe notice is approved by the director of the board (see dict, def approved form).
(2)An offence against this section is a strict liability offence.
Films to display determined markings and consumer advice
(1)A person commits an offence if—
(a)the person sells a film; and
(b)the container, wrapping or casing of the film does not have displayed on it—
(i)the determined markings relevant to the film’s classification; and
(ii)if there is current consumer advice for the film—the consumer advice.
Maximum penalty: 10 penalty units.
(2)A person commits an offence if—
(a)the person sells an unclassified film; and
(b)the container, wrapping or casing in which the film is sold displays a marking that suggests that the film has been classified.
Maximum penalty: 30 penalty units.
(3)A person commits an offence if—
(a)the person sells a classified film; and
(b)the container, wrapping or casing in which the film is sold displays a marking that suggests that the film is unclassified or has a different classification.
Maximum penalty: 30 penalty units.
(4)Subsection (5) applies if—
(a)a film is reclassified under the Commonwealth Act, section 22CH (4) (Revocation of classification by approved classification tool), section 39 (Reclassification etc after 2 years) or section 97A (Reclassification); or
(b)the board revokes a classification or consumer advice for a film under the Commonwealth Act.
(5)A person does not commit an offence against this section in relation to the film during the 30-day period after the decision to reclassify or revoke takes effect, if the film displays the determined markings and consumer advice (if any) applying to the film before the reclassification or revocation.
(6)An offence against this section is a strict liability offence.
Possessing unclassified or RC films and other films at certain premises
(1)A person commits an offence if—
(a)the person possesses an unclassified film or a film classified RC at any premises; and
(b)classified films are sold at the premises.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person is the occupier of premises; and
(b)someone else possesses an unclassified film or a film classified RC at the premises; and
(c)classified films are sold at the premises.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)In this section:
possess a film includes—
(a)have control over the disposition of the film (whether or not having custody of the film); and
(b)have joint possession of the film.
Display of X 18+ films for sale
A person commits an offence if—
(a)the person displays a film classified X 18+ for sale; and
(b)the place where the film is displayed for sale is not a restricted publications area that is located in premises in an area prescribed by regulation.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Sale of X 18+ films
(1)A person commits an offence if—
(a)the person sells a film classified X 18+ to someone else; and
(b)the other person has not made a direct request for the film.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person commits an offence if the person sells a film classified X 18+ that is not contained in a package made of opaque material.
Maximum penalty: 30 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
(4)A person commits an offence if—
(a)the person sells or copies a film classified X 18+; and
(b)the sale or copying is not done in accordance with a licence under part 6.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Sale or delivery of certain films to child
(1)A person commits an offence if—
(a)the person sells or delivers a film to a child; and
(b)the film is—
(i)classified RC; or
(ii)an unclassified film; and
(c)for an unclassified film—the film is subsequently classified RC.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)Absolute liability applies to—
(a)the circumstance that the person to whom the film is sold or delivered is a child; and
(b)subsection (1) (c).
(3)Subsection (1) does not apply if the film is an unclassified film and the person does not believe, and has no reasonable grounds for believing, that the film would be classified RC.
(4)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—
(a)the child produced to the defendant acceptable proof of age before the defendant sold or delivered the film to the child; and
(b)the defendant believed, on reasonable grounds, that the child was an adult.
(5)A person commits an offence if—
(a)the person sells or delivers a film to a child; and
(b)the film is—
(i)classified X 18+ or R 18+; or
(ii)an unclassified film; and
(c)for an unclassified film—the film is subsequently classified X 18+ or R 18+.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(6)Absolute liability applies to—
(a)the circumstance that the person to whom the film is sold or delivered is a child; and
(b)subsection (5) (c).
(7)Subsection (5) does not apply if—
(a)the person is the parent or guardian of the child; or
(b)the film is an unclassified film and the person does not believe, and has no reasonable grounds for believing, that the film would be classified X 18+ or R 18+.
(8)It is a defence to a prosecution for an offence against subsection (5), if the defendant proves—
(a)that—
(i)the child produced to the defendant acceptable proof of age before the defendant sold or delivered the film to the child; and
(ii)the defendant believed, on reasonable grounds, that the child was an adult; or
(b)for the delivery of a film classified R 18+—the child was employed by the defendant or the defendant’s employer and the delivery took place in the course of that employment.
(9)A person commits an offence if—
(a)the person sells or delivers a film to a child under 15 years old; and
(b)the film is—
(i)classified MA 15+; or
(ii)an unclassified film; and
(c)for a film that is unclassified—the film is subsequently classified MA 15+.
Maximum penalty: 10 penalty units.
(10)Absolute liability applies to–
(a)the circumstance that the person to whom the film is sold or delivered is under 15 years old; and
(b)subsection (9) (c).
(11)Subsection (9) does not apply if—
(a)the person is the parent or guardian of the child; or
(b)the film is an unclassified film and the person does not believe, and has no reasonable grounds for believing, that the film would be classified MA 15+.
(12)It is a defence to a prosecution for an offence against subsection (9) if the defendant proves that the defendant believed, on reasonable grounds, that—
(a)the child was 15 years old or older; or
(b)a parent or guardian of the child had consented to the sale or delivery.
Buying certain films—offence by child
A child commits an offence if—
(a)the child is 15 years old or older; and
(b)the child buys a film; and
(c)the child knows the film is classified X 18+ or R 18+.
Maximum penalty: 5 penalty units.
Division 2.3 Miscellaneous
Power to ask name, age and address
(1)A police officer may require a person to state the person’s name, age and address if the police officer has reasonable grounds for believing that—
(a)a film is being or is about to be exhibited, sold or delivered to the person; and
(b)the person has committed or is about to commit an offence against section 12 (Attendance of child at certain films—offence by child) or section 24 (Buying certain films—offence by child); and
(c)the person is under 18 years old.
(2)A person commits an offence if the person fails to comply with a requirement made of the person under subsection (1).
Maximum penalty: 5 penalty units.
(3)An offence against this section is a strict liability offence.
Leaving films in certain places
(1)A person commits an offence if—
(a)the person leaves a film in a public place or, without the occupier’s permission, at private premises; and
(b)the film is—
(i)classified RC, X 18+, R 18+ or MA 15+; or
(ii)an unclassified film; and
(c)for an unclassified film—the film is subsequently classified RC, X 18+, R 18+ or MA 15+.
Maximum penalty:
(a)for a film classified RC, or an unclassified film that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both; or
(b)for a film classified X 18+, or an unclassified film that is subsequently classified X 18+—50 penalty units, imprisonment for 6 months or both; or
(c)for a film classified R 18+ or MA 15+, or an unclassified film that is subsequently classified R 18+ or MA 15+—20 penalty units.
(2)Absolute liability applies to subsection (1) (c).
(3)This section does not apply if the film is an unclassified film and the person does not believe, and has no reasonable grounds for believing, that the film would be classified RC, X 18+, R 18+ or MA 15+.
Possessing or copying film
(1)A person commits an offence if—
(a)the person possesses—
(i)a film classified RC; or
(ii)an unclassified film; and
(b)the person intends to sell or exhibit the film.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)Subsection (1) does not apply if the person possesses the film for classification or law enforcement.
(3)A person commits an offence if—
(a)the person copies a film; and
(b)the film is—
(i)classified RC; or
(ii)an unclassified film; and
(c)the person intends to sell or exhibit the film.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(4)Subsection (3) does not apply if the person copies the film for classification or law enforcement.
(5)If, in a prosecution for an offence against subsection (3), it is proved that the defendant made 10 or more copies of a film classified RC, or an unclassified film, it is presumed, unless the contrary is proved, that the defendant intended to sell or exhibit the film.
Part 3Publications
Sale of unclassified RC publications
(1)A person commits an offence if—
(a)the person sells or delivers a submittable publication; and
(b)the person knows that the publication is a submittable publication.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person commits an offence if—
(a)the person sells or delivers a publication classified RC; and
(b)the person knows that the publication is a publication classified RC.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)This section does not apply if—
(a)the person sells or delivers the publication for classification or law enforcement; or
(b)the publication was a submittable publication and, since the offence was alleged to have been committed, the publication has been classified unrestricted.
Category 1 restricted publications
(1)A person commits an offence if—
(a)the person sells or delivers a publication classified category 1 restricted; and
(b)the publication—
(i)does not display the determined markings; or
(ii)is not contained in a sealed package; and
(c)if the publication is contained in a package made of opaque material—the package does not display the determined markings.
Maximum penalty: 30 penalty units.
(2)However, subsection (1) (b) (ii) does not apply to the sale or delivery of the publication if—
(a)the sale or delivery takes place in a restricted area; and
(b)on delivery, the publication is contained in a package made of opaque material; and
(c)the conditions (if any) imposed by the board under the Commonwealth Act, section 13A (2) (Conditions of certain classifications for publications) are complied with.
(3)An offence against this section is a strict liability offence.
(4)Subsection (5) applies if—
(a)a publication is reclassified under the Commonwealth Act, section 22CH (4) (Revocation of classification by approved classification tool), section 39 (Reclassification etc after 2 years) or section 97A (Reclassification); or
(b)the board revokes a classification for a publication under the Commonwealth Act, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item) or section 22CH (1) (Revocation of classification by approved classification tool).
(5)A person does not commit an offence against this section in relation to the publication during the 30-day period after the decision to reclassify or revoke takes effect, if the publication displays the determined markings and consumer advice (if any) applying to the publication before the reclassification or revocation.
Category 2 restricted publications
(1)A person commits an offence if—
(a)the person displays a publication that is classified category 2 restricted at a place; and
(b)the place is not a restricted publications area.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person commits an offence if—
(a)the person delivers a publication that is classified category 2 restricted to someone else; and
(b)the other person has not made a direct request for the publication.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)A person commits an offence if—
(a)the person delivers a publication that is classified category 2 restricted to someone else; and
(b)the publication is not contained in a package made of opaque material.
Maximum penalty: 30 penalty units.
(4)An offence against subsection (3) is a strict liability offence.
(5)A person commits an offence if—
(a)the person publishes a publication that is classified category 2 restricted; and
(b)the publication does not display the determined markings.
Maximum penalty: 30 penalty units.
(6)An offence against subsection (5) is a strict liability offence.
(7)Subsection (8) applies if—
(a)a publication is reclassified under the Commonwealth Act, section 22CH (4) (Revocation of classification by approved classification tool), section 39 (Reclassification etc after 2 years) or section 97A (Reclassification); or
(b)the board revokes a classification for a publication under the Commonwealth Act, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item) or section 22CH (1) (Revocation of classification by approved classification tool).
(8)A person does not commit an offence against this section in relation to the publication during the 30-day period after the decision to reclassify or revoke takes effect, if the publication displays the determined markings and consumer advice (if any) applying to the publication before the reclassification or revocation.
Sale or delivery of publications contrary to conditions
(1)A person commits an offence if—
(a)a publication is classified unrestricted or category 1 restricted; and
(b)the classification is subject to a condition imposed under the Commonwealth Act, section 13A (Conditions of certain classifications for publications); and
(c)the person sells or delivers the publication; and
(d)the sale or delivery is not in accordance with the condition.
Maximum penalty: 30 penalty units.
(2)An offence against this section is a strict liability offence.
Consumer advice for unrestricted publications
(1)A person commits an offence if—
(a)the board has determined consumer advice for a publication classified unrestricted under the Commonwealth Act, section 20 (2) (Board to decide consumer advice for publications, films and computer games); and
(b)the person sells the publication; and
(c)the consumer advice is not displayed on the publication or the packaging of the publication.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
Publications classified unrestricted
(1)A person commits an offence if—
(a)the person sells, delivers or publishes a publication classified unrestricted; and
(b)the publication does not display the determined markings.
Maximum penalty: 5 penalty units.
(2)An offence against this section is a strict liability offence.
Misleading or deceptive markings
(1)A person commits an offence if—
(a)the person publishes an unclassified publication with a marking, or in packaging with a marking; and
(b)the marking indicates or suggests that the publication has been classified.
Maximum penalty: 30 penalty units.
(2)A person commits an offence if—
(a)the person publishes a classified publication with a marking, or in packaging with a marking; and
(b)the marking indicates or suggests that the publication is unclassified or has a different classification.
Maximum penalty: 30 penalty units.
(3)An offence against this section is a strict liability offence.
(4)Subsection (5) applies if—
(a)a publication is reclassified under the Commonwealth Act, section 22CH (4) (Revocation of classification by approved classification tool), section 39 (Reclassification etc after 2 years) or section 97A (Reclassification); or
(b)the board revokes a classification for a publication under the Commonwealth Act, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item) or section 22CH (1) (Revocation of classification by approved classification tool).
(5)A person does not commit an offence against this section in relation to the publication during the 30-day period after the decision to reclassify or revoke takes effect, if the publication displays the determined markings and consumer advice (if any) applying to the publication before the reclassification or revocation.
Sale of restricted publications to child
(1)A person commits an offence if—
(a)the person sells or delivers a publication to a child; and
(b)the publication is classified RC or is a submittable publication.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)Absolute liability applies to the circumstance that the person to whom the publication is sold or delivered is a child.
(3)Subsection (1) does not apply if—
(a)the person is a parent or guardian of the child; or
(b)the publication was a submittable publication and, since the offence was alleged to have been committed, the publication has been classified unrestricted.
(4)A person commits an offence if—
(a)the person sells or delivers a publication to a child; and
(b)the publication is classified category 1 restricted or category 2 restricted.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(5)Absolute liability applies to the circumstance that the person to whom the publication is sold or delivered is a child.
(6)Subsection (4) does not apply if the person is a parent or guardian of the child.
(7)It is a defence to a prosecution for an offence against this section if the defendant proves that—
(a)the child produced to the defendant acceptable proof of age before the defendant sold or delivered the publication to the child; and
(b)the defendant believed, on reasonable grounds, that the child was an adult.
Leaving publications in certain places
(1)A person commits an offence if—
(a)the person leaves a publication in a public place or, displayed in a way that it can be seen by people in a public place; and
(b)the publication is a submittable publication or classified category 1 restricted, category 2 restricted or RC; and
(c)the person knows that the publication is a submittable publication or is so classified; and
(d)for a publication classified category 1 restricted—
(i)the public place is not a shop or stall; and
(ii)section 29 (1) is not complied with in relation to the publication; and
(e)for a publication classified category 2 restricted—the public place is not a restricted publications area.
Maximum penalty:
(a)for a publication classified category 1 restricted or category 2 restricted, or a submittable publication that is subsequently classified category 1 restricted or category 2 restricted—50 penalty units, imprisonment for 6 months or both; or
(b)for a publication classified RC, or a submittable publication that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person leaves a publication on private premises, without the occupier’s permission; and
(b)the publication is a submittable publication or classified category 1 restricted, category 2 restricted or RC; and
(c)the person knows that the publication is a submittable publication or is so classified.
Maximum penalty:
(a)for a publication classified category 1 restricted or category 2 restricted, or a submittable publication that is subsequently classified category 1 restricted or category 2 restricted—50 penalty units, imprisonment for 6 months or both; or
(b)for a publication classified RC, or a submittable publication that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both.
(3)This section does not apply if the publication was a submittable publication and, since the offence was alleged to have been committed, the publication has been classified unrestricted.
Possessing or copying publication for purpose of publishing
(1)A person commits an offence if—
(a)the person possesses or copies—
(i)a submittable publication; or
(ii)a publication classified RC; and
(b)the person intends to sell the publication or copy.
Maximum penalty:
(a)for a submittable publication—50 penalty units, imprisonment for 6 months or both; or
(b)for a publication classified RC—100 penalty units, imprisonment for 1 year or both.
(2)This section does not apply if—
(a)the person possesses or copies the publication for classification or law enforcement; or
(b)the publication was a submittable publication and, since the offence was alleged to have been committed, the publication has been classified unrestricted, category 1 restricted or category 2 restricted.
(3)If, in a prosecution for an offence against this section, it is proved that the defendant made 10 or more copies of a submittable publication or a publication classified RC, it is presumed, unless the contrary is proved, that the defendant intended to sell the publication.
Part 4Computer games
Sale of computer game or demonstration in public place
(1)A person commits an offence if—
(a)the person—
(i)sells a computer game; or
(ii)demonstrates a computer game in a public place; and
(b)the computer game is not classified.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if the person sells a computer game, or demonstrates a computer game in a public place—
(a)with a title other than the title under which the computer game is classified; or
(b)in a form other than the form in which the computer game is classified.
Maximum penalty: 50 penalty units.
(3)A person does not commit an offence against this section only because a computer game is sold or demonstrated in a public place with modifications mentioned in the Commonwealth Act, section 21 (2) or (3).
Computer games—display of notice about classifications
(1)A person commits an offence if—
(a)the person sells or demonstrates a computer game in a public place; and
(b)the person does not display a notice—
(i)in the approved form about classifications for computer games; and
(ii)in the public place so that the notice is clearly visible to the public.
Maximum penalty: 5 penalty units.
NoteThe notice is approved by the director of the board (see dict, def approved form).
(2)An offence against this section is a strict liability offence.
RC computer games
(1)A person commits an offence if—
(a)the person—
(i)sells a computer game; or
(ii)demonstrates a computer game in a public place; and
(b)the computer game is—
(i)classified RC; or
(ii)an unclassified computer game; and
(c)for an unclassified computer game—the computer game is subsequently classified RC.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)Absolute liability applies to subsection (1) (c).
(3)This section does not apply if the computer game is an unclassified computer game and the person does not believe, and has no reasonable grounds for believing, that the computer game would be classified RC.
Demonstration of R 18+ and MA 15+ computer games
(1)A person commits an offence if—
(a)the person demonstrates a computer game classified R 18+ or MA 15+ in a public place; and
(b)either—
(i)the determined markings are not exhibited before the computer game can be played; or
(ii)entry to the public place is not restricted to—
(A)for a computer game classified R 18+—adults; or
(B)for a computer game classified MA 15+—adults, or children accompanied by a parent or guardian while in the place.
Maximum penalty:
(a)for a computer game classified R 18+—50 penalty units; or
(b)for a computer game classified MA 15+—20 penalty units.
(2)An offence against this section is a strict liability offence.
Demonstration of unclassified, RC, R 18+ and MA 15+ computer games
(1)A person commits an offence if—
(a)the person demonstrates a computer game somewhere that is not a controlled space for demonstrating the computer game; and
(b)the computer game is—
(i)classified RC, R 18+ or MA 15+; or
(ii)an unclassified computer game; and
(c)for an unclassified computer game—the computer game is subsequently classified RC, R 18+ or MA 15+.
Maximum penalty:
(a)for a computer game classified RC or an unclassified computer game that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both; or
(b)for a computer game classified R 18+ or an unclassified computer game that is subsequently classified R 18+—50 penalty units; or
(c)for a computer game classified MA 15+ or an unclassified computer game that is subsequently classified MA 15+—20 penalty units.
(2)Absolute liability applies to subsection (1) (c).
(3)This section does not apply if the computer game is an unclassified computer game and the person does not believe, and has no reasonable grounds for believing, that the computer game would be classified RC, R 18+ or MA 15+.
(4)In this section:
controlled space, for demonstrating a computer game, means a space where the person demonstrating the computer game—
(a)can prevent someone entering the space; and
(b)can prevent the computer game being seen from outside the space.
Private demonstration of RC or R 18+ computer games in presence of child
(1)A person commits an offence if—
(a)the person demonstrates a computer game in a place other than a public place; and
(b)a child is present during any part of the demonstration; and
(c)the computer game is—
(i)classified RC or R 18+; or
(ii)an unclassified computer game; and
(d)for an unclassified computer game—the computer game is subsequently classified RC or R 18+.
Maximum penalty:
(a)for a computer game classified RC or an unclassified computer game that is subsequently classified RC—50 penalty units; or
(b)for a computer game classified R 18+ or an unclassified computer game that is subsequently classified R 18+—50 penalty units.
(2)Absolute liability applies to—
(a)the circumstance that the person present is a child; and
(b)subsection (1) (d).
(3)This section does not apply if—
(a)the person is a parent or guardian of the child; or
(b)the computer game is an unclassified computer game and the person does not believe, and has no reasonable grounds for believing, that the computer game would be classified RC or R 18+.
(4)It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant believed, on reasonable grounds, that the child was an adult.
Computer games to display determined markings and consumer advice
(1)A person commits an offence if—
(a)the person sells a computer game: and
(b)the container, wrapping or casing of the computer game does not have displayed on it—
(i)the determined markings relevant to the computer game’s classification; and
(ii)if there is current consumer advice for the computer game—the consumer advice.
Maximum penalty: 10 penalty units.
(2)A person commits an offence if—
(a)the person sells an unclassified computer game; and
(b)the container, wrapping or casing in which the computer game is sold displays a marking that suggests that the computer game has been classified.
Maximum penalty: 30 penalty units.
(3)A person commits an offence if—
(a)the person sells a classified computer game; and
(b)the container, wrapping or casing in which the computer game is sold displays a marking that suggests that the computer game is unclassified or has a different classification.
Maximum penalty: 30 penalty units.
(4)A person commits an offence if—
(a)the person makes a computer game available for playing on a pay and play basis (for example, a coin operated arcade game); and
(b)the device used for playing the game does not have displayed on it—
(i)the determined markings relevant to the computer game’s classification; and
(ii)if there is current consumer advice for the computer game—the consumer advice.
Maximum penalty: 10 penalty units.
(5)If 2 or more computer games are available for playing on a device mentioned in subsection (4), the determined markings and consumer advice to be displayed on the device are the markings and advice relevant to the computer game with the highest classification under the Commonwealth Act.
(6)An offence against this section is a strict liability offence.
(7)Subsection (8) applies if—
(a)a computer game is reclassified under the Commonwealth Act, section 22CH (4) (Revocation of classification by approved classification tool), section 39 (Reclassification etc after 2 years); or
(b)the board revokes a classification or consumer advice for a computer game under the Commonwealth Act.
(8)A person does not commit an offence against this section in relation to the computer game during the 30-day period after the decision to reclassify or revoke takes effect, if the computer game displays the determined markings and consumer advice (if any) applying to the computer game before the reclassification or revocation.
Possessing unclassified or RC computer games and other computer games
(1)A person commits an offence if—
(a)the person possesses an unclassified computer game or a computer game classified RC at any premises; and
(b)classified computer games are sold or demonstrated at the premises.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person is the occupier of premises; and
(b)someone else possesses an unclassified computer game or a computer game classified RC at the premises; and
(c)classified computer games are sold or demonstrated at the premises.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)In this section:
possess a computer game includes—
(a)have control over the disposition of the computer game (whether or not having custody of the computer game); and
(b)have joint possession of the computer game.
Sale or delivery of certain computer games to child
(1)A person commits an offence if—
(a)the person sells or delivers a computer game to a child; and
(b)the computer game is—
(i)classified RC or R 18+; or
(ii)an unclassified computer game; and
(c)for an unclassified computer game—the computer game is subsequently classified RC or R 18+.
Maximum penalty:
(a)for a computer game classified RC or an unclassified computer game that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both; or
(b)for a computer game classified R 18+ or an unclassified computer game that is subsequently classified R 18+—50 penalty units.
(2)Absolute liability applies to—
(a)the circumstance that the person to whom the computer game is sold or delivered is a child; and
(b)subsection (1) (c).
(3)Subsection (1) does not apply if the computer game is an unclassified computer game and the person does not believe, and has no reasonable grounds for believing, that the computer game would be classified RC or R 18+.
(4)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—
(a)the child produced to the defendant acceptable proof of age before the defendant sold or delivered the computer game to the child; and
(b)the defendant believed, on reasonable grounds, that the child was an adult.
(5)A person commits an offence if—
(a)the person sells or delivers a computer game to a child under 15 years old; and
(b)the computer game is—
(i)classified MA 15+; or
(ii)an unclassified computer game; and
(c)for an unclassified computer game—the computer game is subsequently classified MA 15+.
Maximum penalty: 20 penalty units.
(6)Absolute liability applies to–
(a)the circumstance that the person to whom the computer game is sold or delivered is under 15 years old; and
(b)subsection (5) (c).
(7)Subsection (5) does not apply if—
(a)the person is the parent or guardian of the child; or
(b)the computer game is an unclassified computer game and the person does not believe, and has no reasonable grounds for believing, that the computer game would be classified MA 15+.
(8)It is a defence to a prosecution for an offence against subsection (5) if the defendant proves that the defendant believed, on reasonable grounds, that—
(a)the child was 15 years old or older; or
(b)a parent or guardian of the child had consented to the sale or delivery.
Leaving computer games in certain places
(1)A person commits an offence if—
(a)the person leaves a computer game in a public place or, without the occupier’s permission, at private premises; and
(b)the computer game is—
(i)classified RC, R 18+ or MA 15+; or
(ii)an unclassified computer game; and
(c)for an unclassified computer game—the computer game is subsequently classified RC, R 18+ or MA 15+.
Maximum penalty:
(a)for a computer game classified RC, or an unclassified computer game that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both; or
(b)for a computer game classified R 18+ or an unclassified computer game that is subsequently classified R 18+—50 penalty units, imprisonment for 6 months or both; or
(c)for a computer game classified MA 15+, or an unclassified computer game that is subsequently classified MA 15+—20 penalty units.
(2)Absolute liability applies to subsection (1) (c).
(3)This section does not apply if the computer game is an unclassified computer game and the person does not believe, and has no reasonable grounds for believing, that the computer game would be classified RC, R 18+ or MA 15+.
Possessing or copying computer game for purpose of sale or demonstration
(1)A person commits an offence if—
(a)the person possesses—
(i)a computer game classified RC; or
(ii)an unclassified computer game; and
(b)the person intends to sell or demonstrate the computer game.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)Subsection (1) does not apply if the person possesses the computer game for classification or law enforcement.
(3)A person commits an offence if—
(a)the person copies—
(i)a computer game classified RC; or
(ii)an unclassified computer game; and
(b)the person intends to sell or demonstrate the computer game or the copy.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(4)This section does not apply if, since the offence was alleged to have been committed, the computer game has been classified R 18+, MA 15+, M, PG or G.
(5)If, in a prosecution for an offence against this section, it is proved that the defendant made 10 or more copies of a computer game classified RC, or an unclassified computer game, it is presumed, unless the contrary is proved, that the defendant intended to sell or exhibit the computer game.
Part 5Advertisements
Certain advertisements not to be published
(1)A person commits an offence if—
(a)the person publishes an advertisement for a film, publication or computer game; and
(b)approval for the advertisement—
(i)has been refused under the Commonwealth Act, section 29 (Approval of advertisements), or suspended under that Act, section 13 (5) (Applications for classification of publications) or section 21A (Revocation of classification of films or computer games that are found to contain contentious material); or
(ii)would be refused under that Act, section 29 if it had been submitted for approval.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if—
(a)the person publishes an advertisement for a film, publication or computer game; and
(b)the advertisement—
(i)is published in a form other than the form in which it is approved under the Commonwealth Act, section 29; or
(ii)is not published in accordance with a condition of that approval.
Maximum penalty: 10 penalty units.
Certain films, publications and computer games not to be advertised
(1)A person commits an offence if the person publishes an advertisement for an unclassified film otherwise than in accordance with the advertising scheme or a transitional Commonwealth regulation.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if the person publishes an advertisement for—
(a)a film classified RC; or
(b)a submittable publication; or
(c)a publication classified RC; or
(d)a computer game classified RC.
Maximum penalty: 30 penalty units.
(3)A person commits an offence if the person publishes an advertisement for an unclassified computer game otherwise than in accordance with the advertising scheme.
Maximum penalty: 30 penalty units.
(4)For this section, if a person publishes an advertisement for an unclassified film or an unclassified computer game at the request of someone else, the other person alone is taken to have published it.
(5)An offence against this section is a strict liability offence.
(6)In this section:
transitional Commonwealth regulation means a regulation under the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 (Cwlth), schedule 1, item 13.
NoteItem 13 allows for transitional regulations in relation to the advertising of unclassified films that had been granted a certificate of exemption by the board under the Commonwealth Act, s 33 as in force before the commencement of item 13.
Screening advertisements with feature films
(1)A person commits an offence if—
(a)the person screens an advertisement for a film in a public place; and
(b)the advertisement is screened during a program for the exhibition of another film (the feature film); and
(c)the feature film has a classification mentioned in column 2 of an item in table 51; and
(d)the advertised film does not have a classification mentioned in column 3 of the item.
Table 51
column 1
item
column 2
feature film
column 3
advertised film
1 G G 2 PG PG or G 3 M M, PG or G 4 MA 15+ MA 15+, M, PG or G 5 R 18+ R 18+, MA 15+, M, PG or G 6 X 18+ X 18+, R 18+, MA 15+, M, PG or G Maximum penalty: 30 penalty units.
(2)A person commits an offence if—
(a)the person screens an advertisement for an unclassified film in a public place; and
(b)the advertisement does not comply with the advertising scheme.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
Liability of occupier for certain advertisements
(1)A person commits an offence if—
(a)the person is the occupier of a public place that is not a restricted publications area; and
(b)the person screens an advertisement for a film in the public place; and
(c)the advertisement is for—
(i)a film classified MA 15+, and is screened during a program for the exhibition of a film classified M, PG or G; or
(ii)a film classified R 18+, and is screened during a program for the exhibition of a film classified MA 15+, M, PG or G; or
(iii)a film classified X 18+.
Maximum penalty: 30 penalty units.
(2)An offence against this section is a strict liability offence.
Sale of feature films with advertisements
(1)A person commits an offence if—
(a)the person sells a film (the feature film); and
(b)the feature film is accompanied by an advertisement for another film; and
(c)the feature film has a classification mentioned in column 2 of an item in table 53; and
(d)the advertised film does not have a classification mentioned in column 3 of the item.
Table 53
column 1
item
column 2
feature film
column 3
advertised film
1 G G 2 PG PG or G 3 M M, PG or G 4 MA 15+ MA 15+, M, PG or G 5 R 18+ R 18+, MA 15+, M, PG or G 6 X 18+ X 18+, R 18+, M A15+, M, PG or G Maximum penalty: 30 penalty units.
(2)A person commits an offence if—
(a)the person sells a classified film (the feature film); and
(b)the feature film is accompanied by an advertisement for an unclassified film; and
(c)the advertisement does not comply with the advertising scheme.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
53AAdvertisements with computer games
(1)A person commits an offence if—
(a)the person sells or demonstrates a computer game (the main game) in a public place; and
(b)the main game is accompanied by an advertisement for another game; and
(c)the main game has a classification mentioned in column 2 of an item in table 53A; and
(d)the advertised game does not have a classification mentioned in column 3 of the item.
Table 53A
column 1
item
column 2
main game
column 3
advertised computer game
1 G G 2 PG PG or G 3 M M, PG or G 4 MA 15+ MA 15+, M, PG or G Maximum penalty: 30 penalty units.
(2)A person commits an offence if—
(a)the person sells or demonstrates a classified computer game (the main game) in a public place; and
(b)the main game is accompanied by an advertisement for an unclassified computer game; and
(c)the advertisement does not comply with the advertising scheme.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
53BAdvertisement to contain determined markings and consumer advice
(1)A person commits an offence if—
(a)the person publishes an advertisement for a classified film, a classified publication or a classified computer game; and
(b)the determined markings relevant to the classification of the film, publication or computer game, and relevant consumer advice (if any)—
(i)are not contained in the advertisement; or
(ii)are not displayed in the way determined under the Commonwealth Act, section 8 (Determined markings and consumer advice); or
(iii)are not clearly visible, having regard to the size and nature of the advertisement.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
(3)Subsection (4) applies if—
(a)a film, publication or computer game is reclassified under the Commonwealth Act, section 22CH (4) (Revocation of classification by approved classification tool), section 39 (Reclassification etc after 2 years) or section 97A (Reclassification); or
(b)the board revokes a classification or consumer advice for a film, publication or computer game under the Commonwealth Act.
(4)A person does not commit an offence against this section in relation to the film, publication or computer game during the 30-day period after the decision to reclassify or revoke takes effect, if the film, publication or computer game displays the determined markings and consumer advice (if any) applying to the film, publication or computer game before the reclassification or revocation.
53CMisleading or deceptive advertisements
(1)A person commits an offence if—
(a)the person publishes an advertisement for an unclassified film, an unclassified publication, or an unclassified computer game, with a marking; and
(b)the marking indicates or suggests that the film, publication or computer game is classified.
Maximum penalty: 30 penalty units.
(2)For subsection (1), if a person publishes an advertisement at the request of someone else, the other person alone is taken to have published it.
(3)A person commits an offence if—
(a)the person publishes an advertisement for a classified film, a classified publication, or a classified computer game, with a marking; and
(b)the marking indicates or suggests that the film, publication or computer game is unclassified or has a different classification.
Maximum penalty: 30 penalty units.
(4)An offence against this section is a strict liability offence.
(5)Subsection (6) applies if—
(a)a film, publication or computer game is reclassified under the Commonwealth Act, section 22CH (4) (Revocation of classification by approved classification tool), section 39 (Reclassification etc after 2 years) or section 97A (Reclassification); or
(b)the board revokes a classification or consumer advice for a film, publication or computer game under the Commonwealth Act, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item) or section 22CH (1) (Revocation of classification by approved classification tool).
(6)A person does not commit an offence against subsection (3) in relation to the film, publication or computer game during the 30-day period after the decision to reclassify or revoke takes effect, if the film, publication or computer game displays the determined markings and consumer advice (if any) applying to the film, publication or computer game before the reclassification or revocation.
53DAdvertisements for category 1 restricted or category 2 restricted publications
(1)A person commits an offence if—
(a)the person publishes an advertisement for a publication classified category 1 restricted; and
(b)the advertisement is published—
(i)in a publication other than a publication classified category 1 restricted or category 2 restricted; or
(ii)in a place other than a restricted publications area.
Maximum penalty: 30 penalty units.
(2)A person commits an offence if—
(a)the person publishes an advertisement for a publication classified category 2 restricted; and
(b)the advertisement is published—
(i)in a publication other than a publication classified category 2 restricted; or
(ii)in a place other than a restricted publications area.
Maximum penalty: 30 penalty units.
(3)A person commits an offence if—
(a)the person is the occupier of a place other than a restricted publications area; and
(b)an advertisement for a publication classified category 2 restricted is published in the place.
Maximum penalty: 30 penalty units.
(4)An offence against this section is a strict liability offence.
53EAdvertisements and X 18+ films
(1)A person commits an offence if—
(a)an advertisement for a film classified R 18+ is published in a publication; and
(b)someone responds to the advertisement; and
(c)the person sells a film classified X 18+ to the other person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person commits an offence if—
(a)the person publishes an advertisement for a film classified X 18+; and
(b)the advertisement explicitly depicts or describes sexual acts or fetishes.
Maximum penalty: 30 penalty units.
(3)For subsection (2), if a person publishes an advertisement at the request of someone else, the other person alone is taken to have published it.
(4)An offence against subsection (2) is a strict liability offence.
(5)Subsection (2) does not apply if—
(a)the advertisement is in a publication that is classified category 2 restricted; and
(b)the publication is contained in a sealed package made of plain opaque material displaying the words ‘WARNING: SEXUALLY EXPLICIT ADVERTISING’, or words to that effect, on the outside of the package; and
(c)the package is contained in another sealed package made of plain opaque material.
Classification symbols etc to be published with advertisements
(1)A person commits an offence if—
(a)the person publishes a publication containing an advertisement for—
(i)a film; or
(ii)a publication classified category 1 restricted or category 2 restricted; or
(iii)a computer game; and
(b)the publication does not also contain a list of the classification symbols and determined markings for films, publications or computer games respectively.
Maximum penalty: 5 penalty units.
(2)An offence against this section is a strict liability offence.
Part 6X 18+ films
Division 6.1 Preliminary
54ADefinitions—pt 6
In this part:
deal in, X 18+ films, means to do either or both of the following:
(a)copy X 18+ films;
(b)sell X 18+ films.
influential person, in relation to a body corporate, means—
(a)a director or secretary of the body; or
(b)a person who is—
(i)substantially concerned in the management of the body; or
(ii)able to control, or to substantially influence, the body’s activities or internal affairs.
licence means a licence granted under section 54E.
Division 6.2 X 18+ film licences
54CApplication for X 18+ film licence
A person may apply for a licence to deal in X 18+ films.
54DFurther information on licence application
The commissioner may, by written notice, require an applicant for a licence to provide, in writing or orally, the further information relating to the application that is specified in the notice.
54EGrant or refusal of licence
(1)On application under section 54C, the commissioner must—
(a)grant a licence; or
(b)refuse to grant a licence.
(2)The commissioner may impose conditions on the grant of a licence.
(3)The conditions that the commissioner may impose are conditions that the commissioner believes, on reasonable grounds, are necessary in the public interest.
(4)For the purposes of making a decision under subsection (1) or (2), the commissioner must have regard to the following:
(a)if the applicant is an individual—whether he or she is an undischarged bankrupt;
(b)if the applicant is a body corporate—whether it is being wound up;
(c)whether the applicant has contravened this Act, the Publications Control Act 1989 or the Business Franchise (“X” Videos) Act 1990;
(d)whether the applicant has been convicted of an offence punishable by a fine of at least 100 penalty units or imprisonment for at least 1 year;
(e)whether the applicant has infringed copyright within the meaning of the Copyright Act 1968 (Cwlth), part 4 in relation to a cinematograph film within the meaning of that Act.
(5)In subsection (4) (c) and (d), a reference to an applicant includes, if the applicant is a body corporate, a reference to any influential person in relation to the body.
(6)If the commissioner refuses to grant a licence, the commissioner must refund to the applicant an amount equal to any fee accompanying the application for the licence.
54FForm of licence
A licence must specify—
(a)the full name and address of the licensee; and
(b)the premises in relation to which the licence is granted; and
(c)the conditions (if any) to which the licence is subject.
54GTerm of licence
Subject to this part, a licence remains in force for the period, not longer than 3 years, that is specified in the licence.
54HRenewal of licence
(1)A licensee may, at any time before the end of the period mentioned in section 54G or the last period of renewal, as the case may be, apply to the commissioner for a renewal of the licence.
(2)The commissioner must, on receipt of an application in accordance with subsection (1), renew the licence.
(3)Subject to this part, a licence renewed under subsection (2) remains in force for a period of 3 years beginning on the end of the period mentioned in section 54G, or the last period of renewal, as the case requires.
54JPayment by instalments
(1)If, under section 54H, the commissioner renews a licence, the licensee may pay the determined fee by instalments.
(2)Instalment payments must be paid on or before the due date.
(3)If a person fails to pay an instalment by the due date, the commissioner must, by notice to the licensee, suspend the licence.
(4)If a person fails to pay an instalment within 30 days after the due date for the instalment, the commissioner must cancel the licence.
(5)In this section:
due date means 1 February, 1 May, 1 August or 1 November.
54KVariation of conditions
(1)The commissioner may, by written notice served on the licensee, vary the conditions specified in a licence.
(2)A notice under subsection (1) takes effect from the day specified in the notice (not earlier than 28 days after the date of the notice).
(3)A licensee must give the licence to the commissioner within 28 days after the day notice under subsection (1) is given to the licensee.
Maximum penalty: 20 penalty units.
(4)An offence against this section is a strict liability offence.
(5)On receipt of a licence, the commissioner must amend the licence and return it to the licensee within 7 days.
54LChange of licensed premises
(1)This section applies if a licensee proposes to—
(a)sell X 18+ films at premises other than premises stated in the licence; or
(b)stop selling X 18+ films at particular premises stated in the licence.
(2)Not later than 28 days before the day of the proposed change, the licensee must give the commissioner—
(a)the licence; and
(b)written notice of the proposed change and the proposed date of change.
Maximum penalty: 20 penalty units.
(3)The commissioner must amend the licence and return it to the licensee within 7 days after the day the commissioner receives the licence and notice.
(4)The licence amendment takes effect on the date stated in the notice.
(5)An offence against this section is a strict liability offence.
54NCancellation
(1)The commissioner may cancel a licence if the commissioner has reasonable grounds for believing that—
(a)the licence was granted in error or in consequence of a false statement made, or misleading information given, by the applicant for the licence; or
(b)the licensee has contravened a condition of a licence; or
(c)the licensee has contravened this Act, the Publications Control Act 1989 or the Business Franchise (“X” Videos) Act 1990; or
(d)the licensee has been convicted of an offence—
(i)against this Act; or
(ii)that is punishable by a fine of at least 100 penalty units or imprisonment for at least 1 year; or
(e)if the licensee is an individual—licensee is an undischarged bankrupt; or
(f)if the licensee is a body corporate—it is being wound up; or
(g)the licensee has infringed copyright within the meaning of the Copyright Act 1968 (Cwlth), part 4 in relation to a cinematograph film within the meaning of that Act.
(2)In subsection (1) (c), (d) and (g), a reference to a licensee includes, if the licensee is a body corporate, a reference to any defined influential person in relation to the body.
(3)The commissioner must, before cancelling a licence, by written notice served on the licensee, invite the licensee to show cause why the licence should not be cancelled.
(4)A notice must contain—
(a)particulars of the facts and circumstances relied on by the commissioner to establish that a ground for cancellation exists; and
(b)a statement to the effect that the licensee may, within the period that is specified in the notice (of not less than 14 days after the date the notice is given), give to the commissioner written particulars of the facts and circumstances relied on by the licensee to show that the licence should not be cancelled.
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:
· ACAT
· adult
· commissioner for fair trading
· director‑general (see s 163)
· exercise
· function
· individual
· reviewable decision notice
· the Territory
· under.
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.
advertisement—see the Commonwealth Act, section 5 (Definitions).
advertising scheme means the scheme determined from time to time under the Commonwealth Act, section 31 (1).
approved form means a form approved under the Commonwealth Act, section 8A.
at premises includes in or on the premises.
board means the Classification Board established by the Commonwealth Act, section 45.
buy means buy or exchange or hire, and includes offer to buy or exchange or hire, agree to buy, exchange or hire and cause or permit to be bought or exchanged or hired, whether by retail or wholesale.
classified—
(a)means classified under the Commonwealth Act, and includes reclassified under that Act; and
(b)for division 6A.2 (Seized films and computer games)—see section 54Y.
commissioner means the commissioner for fair trading.
Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).
computer game—see the Commonwealth Act, section 5A (Meaning of computer game).
consumer advice means consumer advice determined under the Commonwealth Act, section 20.
convenor means the Convenor of the Review Board appointed under the Commonwealth Act, section 74.
deal in, X 18+ films, for part 6 (X 18+ films)—see section 54A.
defined offence, in relation to a seized film or computer game, for division 6A.2 (Seized films and computer games)—see section 54Y.
defined period, in relation to a seized film or computer game, for division 6A.2 (Seized films and computer games)—see section 54Y.
demonstrate includes exhibit, display, screen or make available for playing.
deputy director means the deputy director of the board.
determined markings means markings determined under the Commonwealth Act, section 8.
director means the director of the board.
exempt computer game—see the Commonwealth Act, section 5 (Definitions).
exempt film—see the Commonwealth Act, section 5 (Definitions).
exhibit—
(a)in relation to a film—means projected or screen; and
(b)a film in a public place—see section 3.
film—see the Commonwealth Act, section 5 (Definitions).
guardian means an adult who is exercising parental control over a child.
influential person, for part 6 (X 18+ films)—see section 54A.
international flight, in relation to an aircraft, means a flight that passes through the airspace over the territory of more than 1 country, and includes any part of the flight that may happen in Australia.
international voyage, in relation to a vessel, means a voyage, whether direct or indirect, between a place in Australia and a place outside Australia, and includes any part of the voyage that may happen in Australia.
licence, for part 6 (X 18+ films)—see section 54A.
place includes vacant land, premises, a vehicle, a vessel and an aircraft (except a vessel on an international voyage or an aircraft on an international flight).
publication—see the Commonwealth Act, section 5 (Definitions).
public place means any place which the public is entitled to use or which is open to or used by the public, whether on payment of money or otherwise.
publish—see the Commonwealth Act, section 5 (Definitions).
R 18+ computer game, for division 6A.1 (Enforcement)—see section 54T.
restricted publications area means any premises, or part of premises, constructed and managed in accordance with section 61.
reviewable decision, for part 7A (Notification and review of decisions)—see section 58.
seized film or computer game, for division 6A.2 (Seized films and computer games)—see section 54Y.
sell means sell or exchange or let on hire, and includes offer or display for sale or exchange or hire, agree to sell, exchange or hire and cause or permit to be sold or exchanged or hired, whether by retail or wholesale.
subject to a conditional cultural exemption—for when a publication, film or computer game is subject to a conditional cultural exemption—see the Commonwealth Act, section 6C and section 6E.
submittable publication—see the Commonwealth Act, section 5 (Definitions).
X 18+ film—
(a)means a film classified X 18+; and
(b)for division 6A.1 (Enforcement)—see section 54T.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 A1995-47
notified 18 December 1995 (Gaz 1995 No S306)
s 1, s 2 commenced 18 December 1995 (s 2 (1))remainder commenced 1 January 1996 (s 2 (2) (a) and see Cwlth Gaz 1995 No GN50)
as amended by
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1996 A1996-46
notified 19 September 1996 (Gaz 1996 No S234)
commenced 19 September 1996 (s 2)
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act (No 2) 1996 A1996-77
notified 20 December 1996 (Gaz 1996 No S328)
ss 1-3 commenced 20 December 1996 (s 2 (1))
ss 4-18 commenced 1 January 1997 (s 2 (2) and Gaz 1996 No S349)remainder commenced 8 January 1997 (s 2 (2) and Gaz 1997 No S2)
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1997 A1997-108
notified 24 December 1997 (Gaz 1997 No S420)
commenced 24 December 1997 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 62
notified 26 July 2001 (Gaz 2001 No 30) (Gaz 1995 No S306)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 62 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2001 A2001-72
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)remainder commenced 23 March 2002 (s 2 (2))
Legislation Amendment Act 2002 A2002‑11 pt 2.7
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)pt 2.7 commenced 28 May 2002 (s 2 (2))
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.4
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 1 pt 1.4 commenced 9 April 2004 (s 2 (1))
Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2005 A2005-8
notified LR 14 March 2005
s 1, s 2 commenced 14 March 2005 (LA s 75 (1))
remainder commenced 17 June 2005 (s 2 and CN2005-8)Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.5
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))sch 1 pt 1.5 commenced 22 December 2005 (s 2 (4))
Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 1 pt 1.2
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))sch 1 pt 1.2 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.17
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.17 commenced 12 April 2007 (s 2 (1))ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.20
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.20 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 A2009-3
notified LR 18 February 2009
s 1, s 2 commenced 18 February 2009 (LA s 75 (1))
sch 2 commenced 1 July 2009 (s 2 (2) and see Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 No 69 2008 (Cwlth) s 2)
remainder commenced 19 February 2009 (s 2 (1))Justice and Community Safety Legislation Amendment Act 2011 A2011-16 sch 1 pt 1.4
notified LR 17 May 2011
s 1, s 2 commenced 17 May 2011 (LA s 75 (a))
sch 1 pt 1.4 commenced 17 November 2011 (s 2 and LA s 79)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.28
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.28 commenced 1 July 2011 (s 2 (1))
Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2012 A2012-44
notified LR 3 September 2012
s 1, s 2 commenced 3 September 2012 (LA s 75 (1))
remainder commenced 1 January 2013 (s 2)Justice and Community Safety Legislation (Red Tape Reduction No 1—Licence Periods) Amendment Act 2013 A2013-28 pt 4
notified LR 21 August 2013
s 1, s 2 commenced 21 August 2013 (LA s 75 (1))pt 4 commenced 22 August 2013 (s 2)
Justice and Community Safety Legislation Amendment Act 2015 A2015‑11 sch 1 pt 1.1
notified LR 20 May 2015
s 1, s 2 commenced 20 May 2015 (LA s 75 (1))
amdts 1.2, 1.3 and 1.11 commenced 21 May 2015 (s 2 (3) (b))amdts 1.1 and 1.16 to 1.20 commenced 11 September 2015 (s 2 (2) (a) and see Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 No 99 (Cwlth) s 2 (1))
sch 1 pt 1.1 remainder commenced 21 May 2015 (s 2 (1))
Justice Legislation Amendment Act 2020 A2020-42 pt 6
notified LR 27 August 2020
s 1, s 2 commenced 27 August 2020 (LA s 75 (1))pt 6 commenced 27 August 2021 (s 2 (7))
Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.18, sch 4 pt 4.31
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.18, sch 4 pt 4.31 commenced 16 November 2025 (s 2 (1), (9))Amendment history
Name of Act
s 1sub A2001‑72 amdt 1.1
Dictionary
s 2om A2001‑44 amdt 1.720
ins A2001‑72 amdt 1.1
Notes
s 2Arenum as s 3
Offences against Act—application of Criminal Code etc
s 2Brenum as s 4
Notes
s 3orig s 3
defs reloc to dict A2001‑72 amdt 1.3
om A2001‑72 amdt 1.4
def approved advertisement om A2001‑72 amdt 1.2
def business day om A2001‑72 amdt 1.2
def classification certificate om A2001‑72 amdt 1.2
def computer game om A2001‑72 amdt 1.2
def court om A2001‑72 amdt 1.2
def determined fee om A2001‑44 amdt 1.721
def film om A2001‑72 amdt 1.2
def publication om A2001‑72 amdt 1.2
def publish om A2001‑72 amdt 1.2
def submittable publication om A2001‑72 amdt 1.2
prev s 3
(prev s 4) renum as s 3 and then s 5
pres s 3
(prev s 5) ins A2005‑8 s 5
renum and reloc as s 2A A2007‑3 amdt 3.70
renum as s 3 A2007‑3 amdt 3.71
Offences against Act—application of Criminal Code etc
s 4orig s 4
renum as s 3 and then s 5
prev s 4
(prev s 5) renum as s 4 and then s 6
pres s 4
(prev s 6) sub A2005‑8 s 5
renum and reloc as s 2B A2007‑3 amdt 3.70
renum as s 4 A2007‑3 amdt 3.71
Exhibition of film
s 5orig s 5
renum and reloc as s 2A and then s 3
pres s 5
(prev s 4) renum as s 3 A2005‑8 s 4
renum as s 5 A2007‑3 amdt 3.71
Films consisting only of classified films
s 5Ains A2009‑3 amdt 1.1
Application of Act
s 6orig s 6
renum and reloc as s 2B and then s 4
pres s 6
(prev s 5) sub A2001‑72 s 6
renum as s 4 A2005‑8 s 4
renum as s 6 A2007‑3 amdt 3.71
am A2015‑11 amdt 1.1
Films
pt 2 hdgsub A2005‑8 s 6
Exhibition of films
div 2.1 hdg(prev pt 2 div 1 hdg) renum R2 LA (see A2001‑72 amdt 1.28)
sub A2005‑8 s 6
Exhibition of film in public place
s 7 hdgsub A2001‑72 amdt 1.5
s 7am A2001‑44 amdt 1.722
sub A2005‑8 s 6
am A2009‑3 amdt 1.2; A2015‑11 amdt 1.2
Exhibition of films—display of notice about classifications
s 8sub A2005‑8 s 6
Exhibition of RC and X 18+ films
s 9sub A2005‑8 s 6
Exhibition of unclassified, RC, X 18+, R 18+ and MA 15+ films
s 10sub A2005‑8 s 6
Attendance of child at certain films—offence by parents etc
s 11sub A2005‑8 s 6
Attendance of child at certain films—offence by child
s 12sub A2005‑8 s 6
Private exhibition of certain films in presence of child
s 13sub A2005‑8 s 6
Attendance of child at R 18+ film—offence by exhibitor
s 14sub A2005‑8 s 6
Attendance of child at MA 15+ film—offence by exhibitor
s 15sub A2005‑8 s 6
Sale of films
div 2.2 hdg(prev pt 2 div 2 hdg) renum R2 LA (see A2001‑72 amdt 1.28)
sub A2005‑8 s 6
Unclassified and RC films
s 16sub A2005‑8 s 6
Classified films
s 17 hdgsub A2001‑72 amdt 1.6
s 17am A2001‑44 amdt 1.723
sub A2005‑8 s 6
am A2009‑3 amdt 1.3; A2015‑11 amdt 1.3
Sale of films—display of notice about classifications
s 18am A2001‑72 s 7
sub A2005‑8 s 6
Films to display determined markings and consumer advice
s 19sub A2005‑8 s 6
am A2009‑3 amdt 1.4; A2015‑11 amdt 1.4
Possessing unclassified or RC films and other films at certain premises
s 20am A1996‑77
sub A2005‑8 s 6
Display of X 18+ films for sale
s 21sub A2005‑8 s 6
Sale of X 18+ films
s 22am A2001‑72 amdt 1.7
sub A2005‑8 s 6
Sale or delivery of certain films to child
s 23sub A2005‑8 s 6
Buying certain films—offence by child
s 24am A1996‑77; A1997‑108
sub A2005‑8 s 6
Miscellaneous
div 2.3 hdg(prev pt 2 div 3 hdg) renum R2 LA (see A2001‑72 amdt 1.28)
sub A2005‑8 s 6
Power to ask name, age and address
s 25sub A2005‑8 s 6
Leaving films in certain places
s 26am A2001‑72 s 8
sub A2005‑8 s 6
Possessing or copying film
s 27am A2001‑72 s 9
sub A2005‑8 s 6
Sale or delivery of publications contrary to conditions
s 27Ains A2001‑72 s 10
om A2005‑8 s 6
Consumer advice for unrestricted publications
s 27Bins A2001‑72 s 10
om A2005‑8 s 6
Publications
pt 3 hdgsub A2005‑8 s 6
Sale of unclassified RC publications
s 28sub A2005‑8 s 6
Category 1 restricted publications
s 29am A2001‑72 s 11
sub A2005‑8 s 6
am A2015‑11 amdt 1.5, 1.6
Category 2 restricted publications
s 30sub A2005‑8 s 6
am A2015‑11 amdt 1.7, 1.8
Sale or delivery of publications contrary to conditions
s 31sub A2005‑8 s 6
Consumer advice for unrestricted publication
s 32sub A2005‑8 s 6
Publications classified unrestricted
s 33sub A2005‑8 s 6
Misleading or deceptive markings
s 34 hdgsub A2001‑72 amdt 1.8
s 34am A2001‑44 amdt 1.724
sub A2005‑8 s 6
am A2015‑11 amdt 1.9, 1.10
Sale of restricted publications to child
s 35sub A2005‑8 s 6
Leaving publications in certain places
s 36sub A2005‑8 s 6
Possessing or copying publication for purpose of publishing
s 37sub A2005‑8 s 6
Computer games
pt 4 hdgsub A2005‑8 s 6
Sale of computer game or demonstration in public place
s 38sub A2005‑8 s 6
am A2015‑11 amdt 1.11
Computer games—display of notice about classifications
s 39am A2001‑72 s 12, s 13; ss renum R3 LA (see A2001‑72 s 14)
sub A2005‑8 s 6
RC computer games
s 40am A2001‑72 amdt 1.9
sub A2005‑8 s 6
Demonstration of R 18+ and MA 15+ computer games
s 41sub A2005‑8 s 6; A2012‑44 s 4
Demonstration of unclassified, RC, R 18+ and MA 15+ computer games
s 42 hdgsub A2012‑44 s 5
s 42sub A2005‑8 s 6
am A2012‑44 s 6, s 7
Private demonstration of RC or R 18+ computer games in presence of child
s 43 hdgsub A2012‑44 s 8
s 43sub A2005‑8 s 6
am A2012‑44 s 9, s 10
Computer games to display determined markings and consumer advice
s 44am A2001‑72 s 15, s 16
sub A2005‑8 s 6
am A2009‑3 amdt 1.5; A2015‑11 amdt 1.12
Possessing unclassified or RC computer games and other computer games
s 45am A1996‑46
sub A2005‑8 s 6
Sale or delivery of certain computer games to child
s 46sub A2005‑8 s 6
am A2012‑44 s 11, s 12
Leaving computer games in certain places
s 47sub A2005‑8 s 6
am A2012‑44 s 13, s 14
Possessing or copying computer game for purpose of sale or demonstration
s 48sub A2005‑8 s 6
am A2012‑44 s 15
Advertisements
pt 5 hdgsub A2005‑8 s 6
Certain advertisements not to be published
s 49sub A2005‑8 s 6
Certain films, publications and computer games not to be advertised
s 50am A2001‑72 s 17
sub A2005‑8 s 6
am A2009‑3 amdts 2.1-2.4; ss and pars renum R15 LA
Screening advertisements with feature films
s 51am A2001‑72 s 18
sub A2005‑8 s 6
am A2009‑3 amdt 2.5; ss renum R15 LA
Liability of occupier for certain advertisements
s 52sub A2005‑8 s 6
Sale of feature films with advertisements
s 53am A2001‑72 amdt 1.10
sub A2005‑8 s 6
am A2009‑3 amdt 2.6; ss renum R15 LA; A2025‑29 amdt 3.54
Advertisements with computer games
s 53Ains A2005‑8 s 6
am A2009‑3 amdt 2.7; ss renum R15 LA
Advertisement to contain determined markings and consumer advice
s 53Bins A2005‑8 s 6
am A2009‑3 amdt 1.6, amdt 1.7; A2015‑11 amdt 1.13
Misleading or deceptive advertisements
s 53Cins A2005‑8 s 6
am A2015‑11 amdt 1.14, amd 1.15
Advertisements for category 1 restricted or category 2 restricted publications
s 53Dins A2005‑8 s 6
Advertisements and X 18+ films
s 53Eins A2005‑8 s 6
Classification symbols etc to be published with advertisements
s 54sub A2005‑8 s 6
X 18+ films
pt 6 hdgins A1996‑77
sub A2005‑8 s 7
Preliminary
div 6.1 hdg(prev pt 6 div 1 hdg) renum R2 LA (see A2001‑72 amdt 1.28)
Definitions—pt 6
s 54A hdgsub A2001‑72 amdt 1.11
s 54Ains A1996‑77
am A2001‑72 amdts 1.12-1.14
def deal in ins A2020‑42 s 19
def offence om A2002‑11 amdt 2.14
def registrar am A2005‑8 s 8
om A2011‑16 amdt 1.5
X 18+ film licences
div 6.2 hdg(prev pt 6 div 2 hdg) renum R2 LA (see A2001‑72 amdt 1.28)
sub A2005‑8 s 9
Registrar of X 18+ Film Licences
s 54B hdgam A2005‑8 s 10
s 54Bins A1996‑77
am A2005‑8 s 10
sub A2007‑3 amdt 3.72
(2)-(4) exp 12 April 2008 (s 54B (4) (LA s 88 declaration applies))
am A2011‑22 amdt 1.93
om A2011‑16 amdt 1.6
Delegation by registrar
s 54BAins A2006‑40 amdt 1.6
om A2011‑16 amdt 1.6
Application for X 18+ film licence
s 54C hdgam A2005‑8 s 10
s 54Cins A1996‑77
sub A2001‑44 amdt 1.725
am A2005‑8 s 10; A2011‑16 amdt 1.7
sub A2020‑42 s 20
Further information on licence application
s 54Dins A1996‑77
am A2011‑16 amdt 1.13
Grant or refusal of licence
s 54Eins A1996‑77
am A2001‑44 amdt 1.726; A2001‑72 amdt 1.15; A2005‑8 s 10; A2011‑16 amdt 1.13; A2020‑42 s 21
Form of licence
s 54Fins A1996‑77
am A2005‑8 s 10; A2020‑42 s 22; pars renum R23 LA
Term of licence
s 54Gins A1996‑77
am A2013‑28 s 9
Renewal of licence
s 54Hins A1996‑77
am A2001‑44 amdts 1.727-1.729; A2011‑16 amdt 1.13; A2013‑28 s 10; A2020‑42 s 23
Payment by instalments
s 54Jins A1996‑77
am A2011‑16 amdt 1.13
Variation of conditions
s 54Kins A1996‑77
am A2005‑8 s 11; ss renum R7 LA (see A2005‑8 s 12); A2011‑16 amdt 1.13
Change of licensed premises
s 54Lins A1996‑77
sub A2005‑8 s 13
am A2011‑16 amdt 1.13
Change of activity under a licence
s 54Mins A1996‑77
sub A2005‑8 s 13
am A2011‑16 amdt 1.13
om A2020‑42 s 24
Cancellation
s 54Nins A1996‑77
am A2001‑72 amdt 1.16; A2011‑16 amdt 1.13
Surrender of licence
s 54Pins A1996‑77
sub A2005‑8 s 14
am A2011‑16 amdt 1.13; A2020‑42 s 25
Return of licence
s 54Qins A1996‑77
sub A2005‑8 s 14
am A2011‑16 amdt 1.13
Review of decisions
div 6.3 hdg(prev pt 6 div 3 hdg) renum R2 LA (see A2001‑72 amdt 1.28)
om A2008‑37 amdt 1.71
Notice of decisions
s 54Rins A1996‑77
am A1997‑108
ss renum R2 LA
om A2008‑37 amdt 1.71
Review by administrative appeals tribunal
s 54Sins A1996‑77
om A2008‑37 amdt 1.71
Enforcement
div 6.4 hdgrenum as div 6A.1 hdg
Seized films
div 6.5 hdgrenum as div 6A.2 hdg
Enforcement for X 18+ films and R 18+ computer games
pt 6A hdgins A2012‑44 s 16
Enforcement
div 6A.1 hdg (prev pt 6 div 4 hdg) renum as div 6.4 hdg R2 LA (see A2001‑72 amdt 1.28)
renum as div 6A.1 hdg A2012‑44 s 16
Definitions—div 6A.1
s 54T hdgsub A2001‑72 amdt 1.17
am A2005‑8 s 15
sub A2012‑44 s 17
s 54Tins A1996‑77
am A2005‑8 s 15
def R 18+ computer game ins A2012‑44 s 18
Inspectors
s 54Uins A1996‑77
sub A2007‑3 amdt 3.73
(2)-(4) exp 12 April 2008 (s 54U (4) (LA s 88 declaration applies))
am A2011‑22 amdt 1.93; A2011‑16 amdt 1.8
Identity cards
s 54Vins A1996‑77
am A2001‑72 amdt 1.18
sub A2005‑8 s 16
(5)-(7) exp 17 June 2005 (s 54V (7))
am A2011‑22 amdt 1.93; A2011‑16 amdt 1.9; ss renum R17 LA
Powers of entry, search etc
s 54Wins A1996‑77
am A2001‑72 amdt 1.19; A2005‑8 s 17, s 18; A2012‑44
ss 19-21
Consent to entry and inspection
s 54Xins A1996‑77
Seized films and computer games
div 6A.2 hdg (prev pt 6 div 5 hdg) ins A1997‑108
renum as div 6.5 hdg R2 LA (see A2001‑72 amdt 1.28)
renum as div 6A.2 hdg A2012‑44 s 16
Definitions—div 6A.2
s 54Y hdgsub A2001‑72 amdt 1.20
s 54Yins A1996‑77
sub A1997‑108
am A2001‑72 amdt 1.21
(2) renum R2 as s 54YA (see A2001‑72 amdt 1.22)
(3)-(5) renum R2 as s 54YB (see A2001‑72 amdt 1.24)
sub A2012‑44 s 23
def classified ins A2012‑44 s 23
def defined offence sub A2012‑44 s 23
def defined period sub A2012‑44 s 23
def seized film om A2012‑44 s 23
def seized film or computer game ins A2012‑44 s 23
When proceeding for defined offence decided
s 54YA hdgins A2001‑72 amdt 1.23
s 54YA(prev s 54Y (2)) renum A2001‑72 amdt 1.22
Extension of defined period
s 54YB hdgins A2001‑72 amdt 1.25
s 54YB(prev s 54Y (3)-(5)) renum A2001‑72 amdt 1.24
am A2005‑8 s 19; A2011‑16 amdt 1.13; A2012‑44 s 24, s 25
Notice
s 54Zins A1997‑108
am A2005‑8 s 19; A2011‑16 amdt 1.13; A2012‑44 s 26, s 27
Return of seized films or computer games
s 54ZA hdgsub A2012‑44 s 28
s 54ZAins A1997‑108
am A2005‑8 s 19; A2011‑16 amdt 1.13; A2012‑44 s 29, s 30
Destruction of seized films or computer games
s 54ZB hdgsub A2012‑44 s 31
s 54ZBins A1997‑108
am A2005‑8 s 19; A2011‑16 amdt 1.13; A2012‑44 ss 32-35
Exemption—publications, films, computer games or advertisements
s 55am A1996‑46
Ministerial directions and guidelines
s 56am A1996‑46; A2001‑44 amdt 1.730; A2009‑3 amdt 1.8
om A2015‑11 amdt 1.16
ins A2015‑11 amdt 1.17
Organisations may be approved
s 57am A1996‑46; A2001‑44 amdts 1.731-1.733; ss renum R2 LA (see A2001‑44 amdt 1.734); A2009‑3 amdt 1.9, amdt 1.10; ss renum R14 LA
om A2015‑11 amdt 1.16
Ministerial directions and guidelines
s 57Ains A1996‑46
om A2015‑11 amdt 1.17
Notification and review of decisions
pt 7A hdgins A2008‑37 amdt 1.72
Meaning of reviewable decision—pt 7A
s 58am A1996‑46
sub A2008‑37 amdt 1.72
Reviewable decision notices
s 59sub A2008‑37 amdt 1.72
am A2025‑29 amdt 4.31
Applications for review
s 60om A2001‑72 amdt 1.26
ins A2008‑37 amdt 1.72
am A2025‑29 amdt 4.31
Restricted publications area—construction and management
s 61am A2001‑44 amdt 1.735
Restricted publications area—offences
s 62sub A2005‑8 s 20
Certificates as evidence
s 63sub A2005‑8 s 20
am A2009‑3 amdt 1.11
Starting prosecutions for offences
s 64am A1996‑77
sub A2005‑60 amdt 1.13
Forfeiture of certain publications, films and computer games
s 64Ains A1996‑77
am A1997‑108
Publication to prescribed entity
s 65am A2005‑8 s 21
Act and omissions of representatives
s 66sub A2004‑15 amdt 1.4
Determination of fees
s 67sub A2001‑44 amdt 1.736
am A2025‑29 amdt 4.31
Approved forms—commissioner
s 68 hdgam A2011‑16 amdt 1.13
s 68sub A2001‑44 amdt 1.736
am A2011‑16 amdt 1.13
om A2020‑42 s 26
Regulation-making power
s 69sub A2001‑44 amdt 1.736
am A2025‑29 amdt 4.31
Application of certain amendments made by Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2001
s 70ins A2001‑72 s 19
exp 31 December 2002 (s 70 (3))
Transitional—Justice and Community Safety Legislation Amendment Act 2015
pt 15 hdgins A2015‑11 amdt 1.18
exp 11 September 2016 (s 153)
Definitions—pt 15
s 150ins A2015‑11 amdt 1.18
exp 11 September 2016 (s 153)
def commencement day ins A2015‑11 amdt 1.18
exp 11 September 2016 (s 153)
def repealed sections ins A2015‑11 amdt 1.18
exp 11 September 2016 (s 153)
Exemption in force before commencement day
s 151ins A2015‑11 amdt 1.18
exp 11 September 2016 (s 153)
Application for exemption without decision before commencement day
s 152ins A2015‑11 amdt 1.18
exp 11 September 2016 (s 153)
Expiry—pt 15
s 153ins A2015‑11 amdt 1.18
exp 11 September 2016 (s 153)
Reviewable decisions
sch 1ins A2008‑37 amdt 1.73
am A2012‑44 s 36; A2015‑11 amdt 1.19
Dictionary
dictins A2001‑72 amdt 1.27
defs reloc from s 3 A2001‑72 amdt 1.3
am A2008‑37 amdt 1.74; A2009‑3 s 4; A2011‑22 amdt 1.94; A2011‑16 amdt 1.10
def acceptable proof of age reloc from s 3 A2001‑72 amdt 1.3
def adult reloc from s 3 A2001‑72 amdt 1.3
om R9 LA
def advertisement reloc from s 3 A2001‑72 amdt 1.3
om R3 LA
ins A2001‑72 amdt 1.27
def advertising scheme ins A2009‑3 amdt 2.8
def approved form reloc from s 3 A2001‑72 amdt 1.3
sub A2009‑3 amdt 1.12
def at ins A2005‑8 s 22
def board reloc from s 3 A2001‑72 amdt 1.3
def buy reloc from s 3 A2001‑72 amdt 1.3
def classified reloc from s 3 A2001‑72 amdt 1.3
sub A2012‑44 s 37
def commissioner ins A2011‑16 amdt 1.11
def Commonwealth Act reloc from s 3 A2001‑72 amdt 1.3
def computer game ins A2001‑72 amdt 1.27
sub A2009‑3 s 5
def consumer advice reloc from s 3 A2001‑72 amdt 1.3
def convenor ins A2009‑3 amdt 1.13
def deal in ins A2020‑42 s 27
def defined offence ins A2001‑72 amdt 1.27
sub A2012‑44 s 38
def defined period ins A2001‑72 amdt 1.27
sub A2012‑44 s 38
def demonstrate reloc from s 3 A2001‑72 amdt 1.3
def deputy director reloc from s 3 A2001‑72 amdt 1.3
def determined markings reloc from s 3 A2001‑72 amdt 1.3
def director reloc from s 3 A2001‑72 amdt 1.3
def exempt computer game ins A2001‑72 s 4
reloc from s 3 A2001‑72 amdt 1.3
def exempt film ins A2001‑72 s 4
reloc from s 3 A2001‑72 amdt 1.3
def exhibit reloc from s 3 A2001‑72 amdt 1.3
om R3 LA
ins A2001‑72 amdt 1.27
def film reloc from s 3 A2001‑72 amdt 1.3
om R3 LA
ins A2001‑72 amdt 1.27
def guardian reloc from s 3 A2001‑72 amdt 1.3
am A2005‑8 s 23
def influential person ins A2001‑72 amdt 1.27
am A2005‑8 s 23
def international flight ins A2001‑72 s 4
reloc from s 3 A2001‑72 amdt 1.3
def international voyage ins A2001‑72 s 4
reloc from s 3 A2001‑72 amdt 1.3
def licence ins A2001‑72 amdt 1.27
am A2005‑8 s 23
def place sub A2001‑72 s 5
reloc from s 3 A2001‑72 amdt 1.3
def publication om A2001‑72 amdt 1.2
ins A2001‑72 amdt 1.27
def public place reloc from s 3 A2001‑72 amdt 1.3
def publish ins A2001‑72 amdt 1.27
def R 18+ computer game ins A2012‑44 s 39
def registrar ins A2001‑72 amdt 1.27
am A2005‑8 s 23
om A2011‑16 amdt 1.12
def restricted publications area am A1996‑46 s 4
reloc from s 3 A2001‑72 amdt 1.3
am A2025‑29 amdt 3.55
def reviewable decision ins A2008‑37 amdt 1.75
def seized film ins A2001‑72 amdt 1.27
om A2012‑44 s 40
def seized film or computer game ins A2012‑44 s 41
def sell reloc from s 3 A2001‑72 amdt 1.3
def subject to a conditional cultural exemption ins A2015‑11 amdt 1.20
def submittable publication ins A2001‑72 amdt 1.27
def X 18+ film am A1996‑77 s 4
reloc from s 3 A2001‑72 amdt 1.3
om R3 LA
ins A2001‑72 amdt 1.27
am A2005‑8 s 23; A2012‑44 s 42
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 A1997‑108 31 December 1997 2 A2001‑72 30 January 2002 3 A2001‑72 23 March 2002 3 (RI) A2001‑72 9 August 2004 4 A2002‑11 30 May 2002 4 (RI) A2002‑11 9 August 2004 5 A2002‑11 1 January 2003 5 (RI) A2002‑11 9 August 2004 6 A2004‑15 9 April 2004 6 (RI) A2004‑15 9 August 2004 7 A2005‑8 17 June 2005 8 A2005‑8 18 June 2005 9 A2005‑60 22 December 2005 10 A2006‑40 29 September 2006 11 A2007‑3 12 April 2007 12 A2007‑3 13 April 2008 13 A2008‑37 2 February 2009 14 A2009‑3 19 February 2009 15* A2009‑3 1 July 2009 16 A2011‑22 1 July 2011 17 A2011‑22 17 November 2011 18 A2012‑44 1 January 2013 19 A2013-28 22 August 2013 20 A2015‑11 21 May 2015 21 A2015‑11 11 September 2015 22 A2015‑11 12 September 2016 23 A2020‑42 27 August 2021
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2025
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