Classification (Publications, Films and Computer Games) Enforcement Act 1995
An Act to provide for the classification of publications and the enforcement of those classifications and for the enforcement of a national scheme of classification of films and computer games and for related matters
[Royal Assent 8 December 1995]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1Preliminary1Short titleThis Act may be cited as the Classification (Publications, Films and Computer Games) Enforcement Act 1995. 2CommencementThis Act commences on a day to be proclaimed. 3InterpretationIn this Act, unless the contrary intention appears – acceptable proof of age, in relation to a person, means documentary evidence that might reasonably be accepted as applying to the person as showing that the person is an adult; adult means a person who is 18 or older; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] advertisement has the same meaning as in the Commonwealth Act; [Section 3 Amended by No. 38 of 2008, s. 18, Applied:23 Jul 2009] Advertising Scheme means the scheme determined from time to time under section 31 of the Commonwealth Act; approved advertisement means an advertisement approved under section 29 of the Commonwealth Act; [Section 3 Amended by No. 38 of 2008, s. 4, Applied:22 Oct 2008] [Section 3 Amended by No. 38 of 2008, s. 4, Applied:22 Oct 2008] approved form means a form approved under section 8A of the Commonwealth Act; bestiality means sexual activity of any kind between a human being and an animal; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] Board means the Classification Board established by the Commonwealth Act; business day means a day other than – (a) a Saturday or Sunday; or (b) [Section 3 Amended by No. 82 of 2000, Sched. 1, Applied:13 Dec 2000] a statutory holiday as defined in the Statutory Holidays Act 2000; 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; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] [Section 3 Amended by No. 6 of 2005, s. 4, Applied:06 May 2005] [Section 3 Amended by No. 29 of 2005, s. 6, Applied:01 Aug 2005] [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] classification certificate means a certificate issued under section 25 of the Commonwealth Act; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] classified means classified under the Commonwealth Act, including reclassified under that Act; [Section 3 Amended by No. 6 of 2005, s. 7, Applied:26 May 2005] Code means the National Classification Code, set out in the Schedule to the Commonwealth Act as originally enacted, as amended in accordance with section 6 of the Commonwealth Act; Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth; Commonwealth Gazette means the Commonwealth of Australia Gazette; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] computer game has the same meaning as in the Commonwealth Act; consumer advice means consumer advice given under section 20 of the Commonwealth Act; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] [Section 3 Amended by No. 6 of 2005, s. 7, Applied:26 May 2005] [Section 3 Amended by No. 43 of 2012, s. 4, Applied:01 Jan 2013] contentious material, in relation to a computer game, means material that would be likely to cause it to be classified M, MA 15+, R 18+ or RC; [Section 3 Amended by No. 38 of 2008, s. 4, Applied:22 Oct 2008] Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act; demonstrate includes exhibit, display, screen, play or make available for playing; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] Deputy Director means Deputy Director of the Board; determined markings means markings determined under section 8 of the Commonwealth Act; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] Director means Director of the Board; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] exempt computer game has the same meaning as in the Commonwealth Act; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] exempt film has the same meaning as in the Commonwealth Act; exhibit – (a) in relation to a film, means project or screen; and (b) in relation to a publication, includes display; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] film has the same meaning as in the Commonwealth Act; guardian means an adult who is exercising parental control over a minor under 15; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] international flight, in relation to an aircraft, means a flight that passes through the airspace over the territory of more than one country and includes any part of the flight that may occur within Australia; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] 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 occur within Australia; minor means a person under 18 who is not married; notice means notice in writing; objectionable publication means a publication that – (a) describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a manner that is likely to cause offence to a reasonable adult; or (b) [Section 3 Amended by No. 29 of 2005, s. 6, Applied:01 Aug 2005] (c) describes, depicts, expresses or otherwise deals with an act of bestiality; or (d) [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] promotes, incites or encourages terrorism; or (e) [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] is classified RC or would, if classified, be classified RC; parent includes guardian; place includes premises or vacant land; [Section 3 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] premises includes vehicle, vessel and aircraft except a vessel on an international voyage or an aircraft on an international flight; privately means not in a public place; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] 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; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] publication has the same meaning as in the Commonwealth Act; publish includes sell, exhibit, display, distribute and demonstrate; relevant consumer advice means advice determined under section 20 of the Commonwealth Act; reproduce, in relation to a publication, means to reproduce that publication by means of printing, photographing or recording or by any other means; responsible person means, in respect of a business carried on, in or on any premises, each of the following: (a) the person carrying on the business; (b) any person apparently having the management or charge of the business either generally or so far as it is carried on in or on those premises; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] Review Board means the Classification Review Board established by the Commonwealth Act; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] Review Committee means the Review Committee established by the Minister under section 41A; sell means sell, whether by wholesale or retail, and includes the following: (a) offer or expose for sale; (b) keep or have in possession for sale or to let on hire; (c) barter or exchange; (d) let on hire or offer to let on hire; (e) deal in or agree to sell; (f) send, forward or deliver for, or in consideration of receiving, any payment or other consideration; (g) receive for sale or on sale; [Section 3 Amended by No. 5 of 2015, s. 12, Applied:11 Sep 2015] subject to a conditional cultural exemption has the same meaning as in the Commonwealth Act; [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] submittable publication has the same meaning as in the Commonwealth Act and includes a publication called in by the Minister or Director under section 64; terrorism has the meaning assigned to that expression by the Australian Security Intelligence Organization Act 1979 of the Commonwealth; vehicle has the meaning assigned to that expression by the Traffic Act 1925. 3AApplication of Act [Section 3A Inserted by No. 118 of 2001, s. 5, Applied:22 Mar 2002] This Act does not apply to – (a) exempt films or exempt computer games; or (ab) [Section 3A Amended by No. 5 of 2015, s. 13, Applied:11 Sep 2015] a publication, film or computer game that is subject to a conditional cultural exemption; or (b) broadcasting services to which the Broadcasting Services Act 1992 of the Commonwealth applies. 4When is a person taken to have exhibited a film in a public place?For the purposes of this Act, a person is taken to have exhibited a film in a public place if the person – (a) arranged or conducted the exhibition of the film in the public place; or (b) had the superintendence or management of the public place in which the film was exhibited. 4AFilms contained on devices consisting only of classified films [Section 4A Inserted by No. 38 of 2008, s. 5, Applied:22 Oct 2008] Despite any other provision of this Act, a film that – (a) is contained on one device; and (b) consists only of 2 or more classified films – is to be treated for the purposes of this Act as if each of the classified films were on a separate device. PART 2PublicationsDivision 1.. .. .. .56Division 2.. .. .. .78910111213Division 3Category 1 and 2 restricted publications14Conditions applying to category 1 restricted publications (1) [Section 14 Subsection (1) amended by No. 118 of 2001, s. 7, Applied:22 Mar 2002] The following conditions apply in relation to a publication that is classified category 1 restricted: (a) [Section 14 Subsection (1) amended by No. 43 of 2012, s. 5, Applied:01 Jan 2013] the publication must not be sold or delivered to a minor; (b) the publication must not be exhibited in a public place unless the publication is contained in a sealed package; (c) if the sealed package referred to in paragraph (b) is made of transparent material – (i) the publication must bear the determined markings; and (ii) no more than the top 6 centimetres of the publication is to be exhibited or displayed in a public place; (d) if the sealed package referred to in paragraph (b) is made of opaque material – both the publication and the package must bear the determined markings; (e) the publication must not be exhibited in a public place unless it is exhibited in a designated area of the public place in a vertical rack. (1A) [Section 14 Subsection (1A) inserted by No. 118 of 2001, s. 7, Applied:22 Mar 2002] If – (a) [Section 14 Subsection (1A) amended by No. 5 of 2015, s. 4, Applied:15 May 2015] a publication is reclassified under section 22CH(4), 39 or 97A of the Commonwealth Act; or (b) [Section 14 Subsection (1A) amended by No. 5 of 2015, s. 4, Applied:15 May 2015] the Board revokes a classification for a publication under section 22B(3) or 22CH(1) of that Act – it is sufficient compliance with subsection (1)(c)(i) and (d) for a period of 30 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation. (2) It is sufficient compliance with subsection (1) (c) (ii) if that part of the publication below the top 6 centimetres – (a) is hidden by a cover, rack or other thing; and (b) cannot be seen except by handling the publication. (3) For the purpose of subsection (1) (e), designated area means an area which is – (a) [Section 14 Subsection (3) amended by No. 118 of 2001, s. 7, Applied:22 Mar 2002] used to exhibit or display publications classified category 1 restricted; and (b) easily identifiable and clearly marked as an area where publications which are unsuitable for perusal by minors are exhibited. 15Conditions applying to category 2 restricted publications [Section 15 Substituted by No. 118 of 2001, s. 8, Applied:22 Mar 2002] (1) The following conditions apply in relation to a publication that is classified category 2 restricted: (a) [Section 15 Subsection (1) amended by No. 43 of 2012, s. 6, Applied:01 Jan 2013] the publication must not be sold, delivered or exhibited to a minor; (b) the publication must not be exhibited in a public place or in such a manner that it is visible from a public place; (c) the publication must not be sold or delivered to a person unless the publication bears the determined markings; (d) the publication must not be sold or delivered to a person who has not made a direct request for the publication; (e) the publication must not be sold or delivered to a person unless the publication is contained in a package made of plain opaque material. (2) If – (a) [Section 15 Subsection (2) amended by No. 5 of 2015, s. 5, Applied:15 May 2015] a publication is reclassified under section 22CH(4), 39 or 97A of the Commonwealth Act; or (b) [Section 15 Subsection (2) amended by No. 5 of 2015, s. 5, Applied:15 May 2015] the Board revokes a classification for a publication under section 22B(3) or 22CH(1) of that Act – it is sufficient compliance with subsection (1)(c) for a period of 30 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation. 16Offences in relation to category 1 and 2 restricted publications (1) [Section 16 Subsection (1) amended by No. 118 of 2001, s. 9, Applied:22 Mar 2002] A person must not sell, deliver, exhibit or otherwise deal with, or cause or permit to be sold, delivered, exhibited or otherwise dealt with, a publication classified category 1 restricted or category 2 restricted otherwise than in accordance with the conditions applicable to that publication.Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. (2) [Section 16 Subsection (2) amended by No. 118 of 2001, s. 9, Applied:22 Mar 2002] [Section 16 Subsection (2) substituted by No. 43 of 2012, s. 7, Applied:01 Jan 2013] A person must not sell a publication classified category 2 restricted to another person knowing or having reason to believe that that other person intends to deliver or exhibit the publication to a minor.Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. (3) A responsible person in respect of a business carried on in or on any premises must not – (a) [Section 16 Subsection (3) amended by No. 118 of 2001, s. 9, Applied:22 Mar 2002] permit a minor employed in that business to have access to a publication classified category 2 restricted; or (b) [Section 16 Subsection (3) amended by No. 118 of 2001, s. 9, Applied:22 Mar 2002] cause or permit such a minor to sell a publication classified category 2 restricted. Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. 16ASale or delivery of publications contrary to conditions [Section 16A Inserted by No. 118 of 2001, s. 10, Applied:22 Mar 2002] If a publication is classified Unrestricted or category 1 restricted subject to a condition imposed under section 13A of the Commonwealth Act, a person must not sell or deliver the publication except in accordance with that condition.Penalty: Fine not exceeding 20 penalty units. 16BConsumer advice for Unrestricted publications [Section 16B Inserted by No. 118 of 2001, s. 10, Applied:22 Mar 2002] A person must not sell a publication classified Unrestricted in respect of which the Board has determined consumer advice under section 20(2) of the Commonwealth Act unless the consumer advice is displayed on the publication or the packaging of the publication.Penalty: Fine not exceeding 20 penalty units. Division 4Other publications and offences17Offences in relation to unclassified objectionable publications (1) Subject to subsection (2), a person must not – (a) sell or deliver an unclassified objectionable publication or cause or permit such a publication to be sold or delivered; or (b) exhibit, or cause or permit to be exhibited, an unclassified objectionable publication in a public place or in such a manner that it is visible from a public place. Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. (2) [Section 17 Subsection (2) omitted by No. 118 of 2001, s. 11, Applied:22 Mar 2002] . . . . . . . . (3) A person is not to be convicted of an offence under subsection (1) if it is proved that – (a) since the offence was alleged to have been committed the publication has been classified; and (b) the act alleged to constitute the offence did not infringe any conditions, other than the conditions relating to prescribed markings, that would have been applicable to the publication had it been so classified at the time when the act was done. (4) [Section 17 Subsection (4) amended by No. 43 of 2012, s. 8, Applied:01 Jan 2013] A person must not exhibit an unclassified objectionable publication to a minor.Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. (5) A person must not publish an advertisement relating to an unclassified objectionable publication or cause or permit such an advertisement to be published.Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. 18Offences in relation to prohibited publications (1) A person must not – (a) [Section 18 Subsection (1) amended by No. 118 of 2001, s. 12, Applied:22 Mar 2002] sell or deliver a publication classified RC or cause or permit such a publication to be sold or delivered; or (b) [Section 18 Subsection (1) amended by No. 118 of 2001, s. 12, Applied:22 Mar 2002] exhibit, or cause or permit to be exhibited, a publication classified RC in a public place or in such a manner that it is visible from a public place. Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. (2) [Section 18 Subsection (2) amended by No. 118 of 2001, s. 12, Applied:22 Mar 2002] A person must not exhibit a publication classified RC to a minor.Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. 19Offences in relation to misleading or deceptive markings (1) A person must not publish an unclassified publication with a marking, or in packaging with a marking, that indicates or suggests that the publication has been classified.Penalty: Fine not exceeding 10 penalty units. (2) A person must not publish a classified publication with a marking, or in packaging with a marking, that indicates that the publication is unclassified or has a different classification.Penalty: Fine not exceeding 10 penalty units. (3) [Section 19 Subsection (3) inserted by No. 118 of 2001, s. 13, Applied:22 Mar 2002] If – (a) [Section 19 Subsection (3) amended by No. 5 of 2015, s. 6, Applied:15 May 2015] a publication is reclassified under section 22CH(4), 39 or 97A of the Commonwealth Act; or (b) [Section 19 Subsection (3) amended by No. 5 of 2015, s. 6, Applied:15 May 2015] the Board revokes a classification for a publication under section 22B(3) or 22CH(1) of that Act – it is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation. PART 3FilmsDivision 1Exhibition of films20Requirements for exhibiting film in public place [Section 20 Substituted by No. 38 of 2008, s. 6, Applied:22 Oct 2008] (1) A person must not exhibit a film in a public place unless the film – (a) is classified; and (b) is exhibited under the same title as that under which it is classified; and (c) is exhibited in the form, without alteration or addition, in which it is classified. Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. (2) Subsection (1) is not contravened by reason only of the exhibition of a film – (a) under a title different from that under which it is classified if it is contained on one device that consists only of 2 or more classified films; or (b) [Section 20 Subsection (2) amended by No. 5 of 2015, s. 17, Applied:15 May 2015] with a modification referred to in section 20A, 21(2) or 21(3) of the Commonwealth Act. 21Classification notice to be displayed when exhibiting film in public placeA person must not exhibit a film in a public place unless a notice in the approved form about classifications for films is displayed in that public place in a position where the notice may be clearly seen and easily read by members of the public.Penalty: Fine not exceeding 5 penalty units. 22RC or X 18+ film not to be exhibited in public place [Section 22 Amended by No. 6 of 2005, s. 8, Applied:26 May 2005] A person must not exhibit in a public place a film classified RC or X 18+.Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. 23RC, X 18+, R 18+ or MA 15+ film not to be exhibited if visible from public place [Section 23 Amended by No. 6 of 2005, s. 9, Applied:26 May 2005] A person must not exhibit a film classified RC, X 18+, R 18+ or MA 15+ if the film can be seen from a public place.Penalty: – (a) [Section 23 Amended by No. 6 of 2005, s. 9, Applied:26 May 2005] in the case of a film classified R 18+ or MA 15+ – a fine not exceeding 20 penalty units; or (b) [Section 23 Amended by No. 6 of 2005, s. 9, Applied:26 May 2005] in the case of a film classified RC or X 18+ – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. 24Unclassified RC, X 18+, R 18+ or MA 15+ film not to be exhibited if visible from public place [Section 24 Amended by No. 6 of 2005, s. 10, Applied:26 May 2005] A person must not exhibit an unclassified film that would, if classified, be reasonably likely to be classified RC, X 18+, R 18+ or MA 15+ if the film can be seen from a public place.Penalty: – (a) [Section 24 Amended by No. 6 of 2005, s. 10, Applied:26 May 2005] in the case of an unclassified film that would, if classified, be reasonably likely to be classified R 18+ or MA 15+ – a fine not exceeding 20 penalty units; or (b) [Section 24 Amended by No. 6 of 2005, s. 10, Applied:26 May 2005] in the case of an unclassified film that would, if classified, be reasonably likely to be classified RC or X 18+ – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. 25RC, X 18+ or R 18+ film not to be exhibited privately in presence of minor (1) [Section 25 Subsection (1) amended by No. 6 of 2005, s. 11, Applied:26 May 2005] A person must not exhibit a film privately in the presence of a minor if the film is classified RC, X 18+ or R 18+.Penalty: – (a) [Section 25 Subsection (1) amended by No. 6 of 2005, s. 11, Applied:26 May 2005] in the case of a film classified R 18+ – a fine not exceeding 20 penalty units; or (b) [Section 25 Subsection (1) amended by No. 6 of 2005, s. 11, Applied:26 May 2005] in the case of a film classified RC or X 18+ – a fine not exceeding 50 penalty units. (2) It is a defence to a prosecution under subsection (1) to prove that the defendant believed on reasonable grounds that the minor was an adult. 26Unclassified RC, X 18+ or R 18+ film not to be exhibited in presence of minor (1) [Section 26 Subsection (1) amended by No. 6 of 2005, s. 12, Applied:26 May 2005] A person must not exhibit an unclassified film privately in the presence of a minor if the film would, if classified, be reasonably likely to be classified RC, X 18+ or R 18+.Penalty: – (a) [Section 26 Subsection (1) amended by No. 6 of 2005, s. 12, Applied:26 May 2005] in the case of an unclassified film that would, if classified, be reasonably likely to be classified R 18+ – a fine not exceeding 20 penalty units; or (b) [Section 26 Subsection (1) amended by No. 6 of 2005, s. 12, Applied:26 May 2005] in the case of an unclassified film that would, if classified, be reasonably likely to be classified RC or X 18+ – a fine not exceeding 50 penalty units. (2) It is a defence to a prosecution under subsection (1) to prove that the defendant believed on reasonable grounds that the minor was an adult. 27R 18+ or MA 15+ film not to be exhibited on premises where films sold [Section 27 Amended by No. 6 of 2005, s. 13, Applied:26 May 2005] A person must not exhibit a film on premises where films are sold if the film is classified R 18+ or MA 15+.Penalty: Fine not exceeding 20 penalty units. 28R 18+ film not to be exhibited in public place in presence of minor (1) [Section 28 Subsection (1) amended by No. 6 of 2005, s. 14, Applied:26 May 2005] A person must not exhibit a film in a public place in the presence of a minor if the film is classified R 18+.Penalty: Fine not exceeding 20 penalty units. (2) It is a defence to a prosecution under subsection (1) to prove that – (a) the minor produced to the defendant, or to an employee or agent of the defendant, acceptable proof of age before the minor was admitted to the place where the film was exhibited; or (b) the defendant, or an employee or agent of the defendant, believed on reasonable grounds that the minor was an adult. 29Parent not to allow minor to attend exhibition of R 18+ filmA person who is the parent of a minor must not allow that minor to attend the exhibition of a film if the person knows that the film – (a) [Section 29 Amended by No. 6 of 2005, s. 15, Applied:26 May 2005] is classified R 18+; or (b) [Section 29 Amended by No. 6 of 2005, s. 15, Applied:26 May 2005] is unclassified but would, if classified, be reasonably likely to be classified R 18+. Penalty: Fine not exceeding 20 penalty units. 30Minor not to attend exhibition of R 18+ film [Section 30 Amended by No. 6 of 2005, s. 16, Applied:26 May 2005] A minor who is 15 or older must not attend the exhibition in a public place of a film classified R 18+ knowing that the film is so classified.Penalty: Fine not exceeding 5 penalty units. 31MA 15+ film not to be exhibited in public place in presence of unaccompanied minor (1) [Section 31 Subsection (1) amended by No. 6 of 2005, s. 17, Applied:26 May 2005] A person must not exhibit in a public place a film classified MA 15+ if – (a) a minor under 15 is present; and (b) the minor is not accompanied by the minor’s parent. Penalty: Fine not exceeding 20 penalty units. (2) For the purposes of subsection (1) – (a) a minor does not cease to be accompanied if the minor’s parent is temporarily absent from the exhibition of the film; and (b) an offence is committed in respect of each unaccompanied minor under 15 present at the exhibition of the film. (3) It is a defence to a prosecution under subsection (1) to prove that the defendant, or the defendant’s employee or agent – (a) took reasonable steps to ensure that a minor under 15 was not present at the exhibition of the film; or (b) believed on reasonable grounds that the minor so present was 15 or older; or (c) believed on reasonable grounds that the person accompanying the minor so present was the minor’s parent. Division 2Sale and delivery of films32Unclassified film not to be sold or delivered (1) A person must not – (a) sell or deliver an unclassified film; or (b) cause or permit an unclassified film to be sold or delivered. Penalty: Subject to subsection (2), a fine not exceeding 25 penalty units. (2) If a court convicts a person of an offence under subsection (1) and, by that time, the film to which the conviction relates has been classified, the court may, on the application of the prosecutor made at any time before sentence, impose on the person whichever of the following penalties applies to the film instead of the penalty under subsection (1): (a) [Section 32 Subsection (2) amended by No. 6 of 2005, s. 18, Applied:26 May 2005] if the film has been classified X 18+ or RC – a fine not exceeding 100 penalty units; (b) [Section 32 Subsection (2) amended by No. 6 of 2005, s. 18, Applied:26 May 2005] if the film has been classified MA 15+ or R 18+ – a fine not exceeding 50 penalty units. 33Classified film not to be sold or delivered under different title or in altered form [Section 33 Amended by No. 6 of 2005, s. 19, Applied:26 May 2005] [Section 33 Substituted by No. 38 of 2008, s. 7, Applied:22 Oct 2008] (1) A person must not sell or deliver a classified film unless the film is sold or delivered – (a) under the same title as that under which it is classified; and (b) in the form, without alteration or addition, in which it is classified. Penalty: – (a) in the case of a film classified G, PG or M – a fine not exceeding 5 penalty units; or (b) in the case of a film classified MA 15+ or R 18+ – a fine not exceeding 20 penalty units. (2) Subsection (1) is not contravened by reason only of the sale or delivery of a classified film – (a) under a title different from that under which it is classified if it is contained on one device that consists only of 2 or more classified films; or (b) [Section 33 Subsection (2) amended by No. 5 of 2015, s. 18, Applied:15 May 2015] with a modification referred to in section 20A, 21(2) or 21(3) of the Commonwealth Act. 34Classification notice to be displayed on premises where film soldA person must not sell a film on any premises unless a notice in the approved form about classifications for films is displayed on those premises in a position where the notice may be clearly seen and easily read by members of the public.Penalty: Fine not exceeding 5 penalty units. 35Film sold or delivered is to bear determined markings and consumer advice (1) A person must not sell or deliver a film unless the determined markings relevant to the classification of the film and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the film.Penalty: Fine not exceeding 20 penalty units. (2) A person must not sell or deliver an unclassified film if the container, wrapping or casing in which the film is sold bears a marking that indicates or suggests that the film has been classified.Penalty: Fine not exceeding 20 penalty units. (3) A person must not sell or deliver a classified film if the container, wrapping or casing in which the film is sold bears a marking that indicates or suggests that the film is unclassified or has a different classification.Penalty: Fine not exceeding 20 penalty units. (4) [Section 35 Subsection (4) substituted by No. 118 of 2001, s. 14, Applied:22 Mar 2002] If – (a) [Section 35 Subsection (4) amended by No. 5 of 2015, s. 7, Applied:15 May 2015] a film is reclassified under section 22CH(4), 39 or 97A of the Commonwealth Act; or (b) [Section 35 Subsection (4) amended by No. 5 of 2015, s. 7, Applied:15 May 2015] the Board revokes a classification or consumer advice for a film under section 22B(3) or 22CH(1) of that Act – display of the determined markings and consumer advice applicable to the film before that reclassification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect. 36RC or X 18+ film not to be sold or deliveredA person must not – (a) [Section 36 Amended by No. 6 of 2005, s. 20, Applied:26 May 2005] sell or deliver a film classified RC or X 18+; or (b) [Section 36 Amended by No. 6 of 2005, s. 20, Applied:26 May 2005] cause or permit a film classified RC or X 18+ to be sold or delivered. Penalty: – (a) if the sale or delivery is to a minor – a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both; or (b) in any other case – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. 37R 18+ film not to be sold or delivered to minor (1) [Section 37 Subsection (1) amended by No. 43 of 2012, s. 9, Applied:01 Jan 2013] [Section 37 Subsection (1) amended by No. 6 of 2005, s. 21, Applied:26 May 2005] A person must not sell or deliver a film classified R 18+ to a minor.Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. (2) It is a defence to a prosecution under subsection (1) to prove that – (a) the minor produced to the defendant, or to an employee or agent of the defendant, acceptable proof of age before the defendant sold or delivered the film to the minor and the defendant, or the defendant’s employee or agent, believed on reasonable grounds that the minor was an adult; or (b) in the case of a prosecution for delivery of such a film, the minor was employed by the defendant or the defendant’s employer and the delivery took place in the course of that employment. 38MA 15+ film not to be sold or delivered to minor under 15 (1) [Section 38 Subsection (1) amended by No. 6 of 2005, s. 22, Applied:26 May 2005] A person must not sell or deliver a film classified MA 15+ to a minor under 15 if the person is not the minor’s parent.Penalty: Fine not exceeding 20 penalty units. (2) It is a defence to a prosecution under subsection (1) to prove that the defendant or the defendant’s employee or agent believed on reasonable grounds that – (a) the minor was 15 or older; or (b) the minor’s parent had consented to the sale or delivery. 39Minor who is 15 or older not to buy R 18+ film [Section 39 Amended by No. 6 of 2005, s. 23, Applied:26 May 2005] A minor who is 15 or older must not buy a film classified R 18+ knowing that it is so classified.Penalty: Fine not exceeding 5 penalty units. Division 3Review of classification of films for sale40Interpretation of DivisionIn this Division, film means a film offered for sale in this State. 41Application to review classification of film emphasising cruelty or violence (1) [Section 41 Subsection (1) amended by No. 118 of 2001, s. 15, Applied:22 Mar 2002] A person who considers that a classified film unduly emphasises matters of cruelty or violence may apply to the Minister to review the film’s classification. (2) The application is to be – (a) in writing; and (b) [Section 41 Subsection (2) amended by No. 118 of 2001, s. 15, Applied:22 Mar 2002] lodged with the Minister; and (c) [Section 41 Subsection (2) amended by No. 118 of 2001, s. 15, Applied:22 Mar 2002] accompanied by the prescribed fee and particulars of the matters of cruelty or violence that the applicant considers are unduly emphasised by the classified film. (3) [Section 41 Subsection (3) omitted by No. 118 of 2001, s. 15, Applied:22 Mar 2002] . . . . . . . . 41AReview Committee [Section 41A Inserted by No. 118 of 2001, s. 16, Applied:22 Mar 2002] (1) On receipt of an application under section 41, the Minister must establish a Review Committee. (2) If the Minister considers that a classified film unduly emphasises matters of cruelty or violence, the Minister may establish a Review Committee. (3) The Review Committee is to consist of not less than 3 persons who in the opinion of the Minister have suitable knowledge, experience and qualifications to review the film’s classification. (4) The members of the Review Committee are to be appointed by the Minister on such terms and conditions as the Minister determines. (5) The Review Committee must review the classification of the film. 42Criteria for reviewing classification of film [Section 42 Amended by No. 118 of 2001, Sched. 1, Applied:22 Mar 2002] The Review Committee must, in reviewing the classification of a classified film, have regard to – (a) the standards of morality, decency and propriety generally accepted by reasonable adults; and (b) any artistic or educational merit that the film may possess and the general character of the film; and (c) the persons or class of person to whom or to which the film is sold or likely to be sold. 43Review Committee to make recommendation to Minister after review (1) [Section 43 Subsection (1) amended by No. 6 of 2005, s. 24, Applied:26 May 2005] [Section 43 Subsection (1) amended by No. 118 of 2001, Sched. 1, Applied:22 Mar 2002] Within 14 days after reviewing the classification of a film classified R 18+ the Review Committee must make whichever of the following recommendations to the Minister it considers appropriate: (a) a recommendation that the sale and delivery of the film should be prohibited on the ground that it unduly emphasises matters of cruelty or violence; (b) a recommendation that the sale and delivery of the film should not be prohibited. (2) [Section 43 Subsection (2) amended by No. 118 of 2001, Sched. 1, Applied:22 Mar 2002] Within 14 days after reviewing the classification of any other classified film the Review Committee must make whichever of the following recommendations to the Minister it considers appropriate: (a) a recommendation that the classification of the film for this State should be changed to a higher classification specified in the recommendation on the ground that the classification assigned to the film under the Commonwealth Act is inappropriate because of the level or amount of cruelty or violence depicted in the film; (b) a recommendation that the classification of the film for this State should not be changed. 44Ministerial action on recommendation (1) On receiving a recommendation under section 43 (1) (a), the Minister must make an order prohibiting the sale and delivery of the relevant classified film. (2) On receiving a recommendation under section 43 (2) (a), the Minister must make an order assigning a higher classification to the relevant classified film, being the classification specified in the recommendation. (3) On receiving a recommendation under section 43 (1) (b) or (2) (b), the Minister must – (a) accept the recommendation; or (b) [Section 44 Subsection (3) amended by No. 118 of 2001, Sched. 1, Applied:22 Mar 2002] if dissatisfied with the recommendation – request the Review Committee to review it. (4) A request under subsection (3) (b) is to – (a) be in writing; and (b) specify the grounds on which the Minister bases the request. (5) [Section 44 Subsection (5) amended by No. 118 of 2001, Sched. 1, Applied:22 Mar 2002] On receiving a request under subsection (3) (b), the Review Committee must, having regard to the grounds on which the Minister has based the request and the criteria in section 42, review the recommendation to which the request relates and, within 14 days of the review, make another recommendation – (a) confirming its original recommendation; or (b) setting aside its original recommendation and making a recommendation under section 43 (1) (a) or (2) (a). (6) If the Minister receives another recommendation under subsection (5) – (a) confirming an original recommendation under section 43 (1) (b) or (2) (b) – the Minister must accept the original recommendation; or (b) making a recommendation under section 43 (1) (a) – the Minister must make an order prohibiting the sale and delivery of the relevant film; or (c) making a recommendation under section 43 (2) (a) – the Minister must make an order assigning a higher classification to the relevant classified film, being the classification specified in the recommendation. 45Effect of Ministerial orderA classified film to which an order under section 44 (2) or (6) (c) relates has, on the taking effect of the order, the classification assigned to it by the order, and for the purposes of this Act, that classification has effect in this State notwithstanding the classification assigned to the film under the Commonwealth Act. 46Provisions relating to orders (1) An order under section 44 – (a) is not a statutory rule within the meaning of the Rules Publication Act 1953; and (b) is to be published in the Gazette and in at least one daily newspaper published and circulated generally in Tasmania; and (c) takes effect on such day as is specified in the order, being a day not earlier than 7 days after the date of its publication in the Gazette. (2) [Section 46 Subsection (2) omitted by No. 118 of 2001, s. 17, Applied:22 Mar 2002] . . . . . . . . (3) [Section 46 Subsection (3) amended by No. 118 of 2001, s. 17, Applied:22 Mar 2002] The Minister must give notice of the making of the order to the person who applied under section 41 (1) for the review of the classified film to which the order relates. 47Provisions relating to Ministerial acceptance of recommendation [Section 47 Substituted by No. 118 of 2001, s. 18, Applied:22 Mar 2002] If the Minister accepts a recommendation under section 43 (1) (b) or (2) (b), the Minister must give notice of acceptance to the person who applied to have the relevant film’s classification reviewed, that the Minister has accepted the recommendation of the Review Committee that the sale and delivery of the film should not be prohibited or that the film’s classification for this State should not be changed. 48Offence to sell or deliver film that has been prohibitedA person must not sell or deliver, or cause or permit to be sold or delivered, a film the sale and delivery of which has been prohibited by an order under section 44 (1) or (6) (b) .Penalty: – (a) if the sale or delivery is to a minor – a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both; or (b) in any other case – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. PART 4Computer Games49Requirements for selling, &c., computer game in public place [Section 49 Substituted by No. 5 of 2015, s. 19, Applied:15 May 2015] (1) A person must not sell, deliver or demonstrate a computer game in a public place unless the computer game – (a) is classified; and (b) is sold, delivered or demonstrated under the same title as that under which it is classified; and (c) is sold, delivered or demonstrated in the form, without alteration or addition, in which it is classified. Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. (2) Subsection (1) is not contravened by reason only that the computer game that is, or is to be, sold, delivered or demonstrated has a modification referred to in section 20A, 21(2) or 21(3) of the Commonwealth Act. 50Classification notice to be displayed when selling or demonstrating computer game in public placeA person must not sell or demonstrate a computer game in a public place unless a notice in the approved form about classifications for computer games is displayed in that public place in a position where the notice may be clearly seen and easily read by members of the public.Penalty: Fine not exceeding 5 penalty units. 51Computer game sold or delivered is to bear determined markings and consumer advice (1) A person must not sell or deliver a computer game unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the computer game.Penalty: Fine not exceeding 20 penalty units. (2) A person must not sell or deliver an unclassified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game has been classified.Penalty: Fine not exceeding 20 penalty units. (3) A person must not sell or deliver a classified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game is unclassified or has a different classification.Penalty: Fine not exceeding 20 penalty units. (3A) [Section 51 Subsection (3A) inserted by No. 118 of 2001, s. 19, Applied:22 Mar 2002] A person must not make a computer game available for playing on a pay and play basis unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the device used for playing the game.Penalty: Fine not exceeding 20 penalty units. (3B) [Section 51 Subsection (3B) inserted by No. 118 of 2001, s. 19, Applied:22 Mar 2002] If 2 or more computer games are available for playing on a device referred to in subsection (3A), the determined markings and consumer advice to be displayed on the device are those relevant to the computer game with the highest classification under the Commonwealth Act. (4) [Section 51 Subsection (4) substituted by No. 118 of 2001, s. 19, Applied:22 Mar 2002] If – (a) [Section 51 Subsection (4) amended by No. 5 of 2015, s. 8, Applied:15 May 2015] a computer game is reclassified under section 22CH(4) or 39 of the Commonwealth Act; or (b) [Section 51 Subsection (4) amended by No. 5 of 2015, s. 8, Applied:15 May 2015] the Board revokes a classification or consumer advice for a computer game under section 22B(3) or 22CH(1) of that Act – display of the determined markings and consumer advice applicable to the computer game before that reclassification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect. 52RC computer game not to be sold or deliveredA person must not sell or deliver – (a) a computer game classified RC; or (b) an unclassified computer game which would, if classified, be reasonably likely to be classified RC. Penalty: – (a) if the sale or delivery is to a minor – a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both; or (b) in any other case – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. 53RC, R 18+ or MA 15+ computer game not to be demonstrated in public placeA person must not demonstrate in a public place – (a) [Section 53 Amended by No. 6 of 2005, s. 25, Applied:26 May 2005] [Section 53 Amended by No. 43 of 2012, s. 10, Applied:01 Jan 2013] a computer game classified RC, R 18+ or MA 15+; or (b) [Section 53 Amended by No. 6 of 2005, s. 25, Applied:26 May 2005] [Section 53 Amended by No. 43 of 2012, s. 10, Applied:01 Jan 2013] an unclassified computer game which would, if classified, be reasonably likely to be classified RC, R 18+ or MA 15+. Penalty: – (a) in the case of a computer game classified RC – a fine not exceeding 100 penalty units or a term of imprisonment not exceeding 2 years, or both; or (ab) [Section 53 Amended by No. 43 of 2012, s. 10, Applied:01 Jan 2013] in the case of a computer game classified R 18+ – a fine not exceeding 50 penalty units; or (b) [Section 53 Amended by No. 6 of 2005, s. 25, Applied:26 May 2005] in the case of a computer game classified MA 15+ – a fine not exceeding 20 penalty units. 54RC or R 18+ computer game not to be demonstrated privately in presence of minor (1) A person must not demonstrate a computer game privately in the presence of a minor if the game – (a) [Section 54 Subsection (1) amended by No. 43 of 2012, s. 11, Applied:01 Jan 2013] is classified RC or R 18+; or (b) [Section 54 Subsection (1) amended by No. 43 of 2012, s. 11, Applied:01 Jan 2013] is an unclassified computer game which would, if classified, be reasonably likely to be classified RC or R 18+. Penalty: Fine not exceeding 20 penalty units. (2) It is a defence to a prosecution under subsection (1) to prove that the defendant believed on reasonable grounds that the minor was an adult. 54AR 18+ computer games not to be sold or delivered to minor under 18 [Section 54A Inserted by No. 43 of 2012, s. 12, Applied:01 Jan 2013] (1) A person must not sell or deliver a computer game classified R18+ to a minor under 18.Penalty: Fine not exceeding 20 penalty units. (2) It is a defence to a prosecution under subsection (1) to prove that the defendant, or the defendant’s employee or agent believed, on reasonable grounds that the minor was 18 years or older. 55MA 15+ computer game not to be sold or delivered to minor under 15 (1) [Section 55 Subsection (1) amended by No. 6 of 2005, s. 26, Applied:26 May 2005] A person must not sell or deliver a computer game classified MA 15+ to a minor under 15 if the person is not the parent of the minor. (2) It is a defence to a prosecution under subsection (1) to prove that the defendant, or the defendant’s employee or agent, believed on reasonable grounds that – (a) the minor was 15 or older; or (b) the minor’s parent had consented to the sale or delivery. Penalty: Fine not exceeding 20 penalty units. PART 5Advertisements56Unapproved advertisement not to be published, &c.A person must not publish an advertisement for a film or computer game – (a) if the advertisement has not been submitted for approval under section 29 of the Commonwealth Act and, if submitted, would be reasonably likely to be refused approval; or (b) if the advertisement has been refused approval under section 29 of the Commonwealth Act; or (ba) [Section 56 Amended by No. 118 of 2001, s. 20, Applied:22 Mar 2002] if the advertisement was approved under section 29 of the Commonwealth Act and the approval is revoked under section 13(5) or 21A of that Act; or (c) if the advertisement is approved under section 29 of the Commonwealth Act in an altered form to the form in which it is approved; or (d) if the advertisement is approved under section 29 of the Commonwealth Act subject to conditions – except in accordance with those conditions. Penalty: Fine not exceeding 20 penalty units. 57Certain advertisements for films, publications and computer games not to be published (1) A person must not publish an advertisement for – (a) [Section 57 Subsection (1) amended by No. 118 of 2001, s. 21, Applied:22 Mar 2002] a publication classified RC; or (b) [Section 57 Subsection (1) amended by No. 118 of 2001, s. 21, Applied:22 Mar 2002] a publication classified category 2 restricted; or (c) [Section 57 Subsection (1) amended by No. 6 of 2005, s. 27, Applied:26 May 2005] a film classified RC or X 18+; or (d) [Section 57 Subsection (1) amended by No. 38 of 2008, s. 19, Applied:23 Jul 2009] an unclassified film, if the advertisement contravenes the Advertising Scheme; or (e) a computer game classified RC; or (f) [Section 57 Subsection (1) amended by No. 38 of 2008, s. 19, Applied:23 Jul 2009] an unclassified computer game, if the advertisement contravenes the Advertising Scheme. Penalty: Fine not exceeding 20 penalty units. (2) For the purposes of this section, if a person publishes an advertisement for an unclassified film or unclassified computer game at the request of another person, that other person alone is taken to have published the advertisement. 58Advertisement for classified film not to be screened during public exhibition of other film of lower classification [Section 58 Amended by No. 38 of 2008, s. 20, Applied:23 Jul 2009] A person must not screen in a public place an advertisement for a classified film during a program for the exhibition of another classified film unless the film exhibited has a classification specified in column 1 of an item in the following table and the advertised film has a classification specified opposite it in column 2 of that item:[Section 58 Amended by No. 6 of 2005, s. 28, Applied:26 May 2005]