Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1996 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Classification (Publications, Films and
Computer Games) (Enforcement)
(Amendment) Act 1996

No. 46 of 1996

An Act to amend the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 and for related purposes

[Notified in ACT Gazette S234: 19 September 1996]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Short title

1.  This Act may be cited as the Classification (Publications, Films and Computer Games)  (Enforcement)  (Amendment)  Act 1996.

Commencement

2.  This Act commences on the day on which it is notified in the Gazette.

Principal Act

3.  In this Act, “Principal Act” means the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995.1

Interpretation

4.  Section 3 of the Principal Act is amended by omitting “62” from the definition of “restricted publications area” and substituting “61”.

Certain publications, films and computer games not to be advertised

5. Section 45 of the Principal Act is amended by omitting from paragraph (2) (b) “film” and substituting “publication”.

Exemption—publications, films, computer games or advertisements

6.  Section 55 of the Principal Act is amended—

(a)by inserting in subsection (1) “or Director” after “Minister”; and

(b)by omitting from subsection (1) “the Act” and substituting “this Act”.

Exemption—approved organisation

7.  Section 56 of the Principal Act is amended—

(a)by inserting in subsection (1) “or Director” after “Minister”; and

(b)by omitting from subsection (1) “the Act” and substituting “this Act”.

Organisations may be approved

8.  Section 57 of the Principal Act is amended—

(a)by inserting after subsection (1) the following subsection:

“(1A)  The Director may, on application, by notice in the Commonwealth Gazette, approve an organisation for the purposes of this Part.”; and

(b)by inserting in subsections (2), (4) and (5) “or Director” after “Minister” (wherever occurring).

Insertion

9.  After section 57 of the Principal Act the following section is inserted:

Ministerial directions and guidelines

“57A.  In exercising any power under this Part, the Director shall give effect to any directions or guidelines issued by the Minister in relation to the application of this Part.”.

Notice of decisions

10.  Section 58 of the Principal Act is amended—

(a)by inserting in subsection (1) “or Director” after “Minister” (wherever occurring);

(b)by omitting from paragraphs (1) (b) and (c) “the Act” and substituting “this Act”; and

(c)by inserting in paragraph (1) (e) “or (1A)” after “(1)”.

Consequential amendments of other Acts

11.  (1)  The Business Franchise (“X” Videos) Act 1990 and the Taxation (Administration) Act 1987 are amended as set out in the Schedule.

(2)  The amendments effected by subsection (1) shall be taken to have commenced on 1 January 1996.

(3)  Notwithstanding the amendments of the Business Franchise (“X” Videos) Act 1990 effected by subsection (1), a reference in paragraph 5 (3) (d) or 10 (1) (c) or (d) of that Act to the Classification (Publications, Films and Computer Games)  (Enforcement)  Act 1995 shall, in relation to a contravention or offence that occurred at any time before the expiration of 31 December 1995, be read as a reference to the Publications Control Act 1989.

SCHEDULE  Section 11

consequential amendments of other Acts

Business Franchise (“X” Videos) Act 1990

Section 4 (definition of “ ‘X’ video”)—

Omit the definition, substitute the following definition:

“ ‘ “X” video’ means a video that is a film classified X under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth.”.

Paragraph 5 (3) (d)—

Omit “Publications Control Act 1989”, substitute “Classification (Publications, Films and Computer Games) (Enforcement) Act 1995”.

Paragraph 10 (1) (c)—

Omit “Publications Control Act 1989”, substitute “Classification (Publications, Films and Computer Games) (Enforcement) Act 1995”.

Subparagraph 10 (1) (d) (i)—

Omit “Publications Control Act 1989”, substitute “Classification (Publications, Films and Computer Games) (Enforcement) Act 1995”.

Taxation (Administration) Act 1987

Subsection 12 (4) (definition of “ ‘X’ video”)—

Omit the definition, substitute the following definition:

“ ‘ “X” video’ means a video tape or video disc—

(a)that is a film classified X under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth; or

(b)not classified under that Act, but which an authorised tax officer believes on reasonable grounds would be a film classified X if it were to be classified under that Act.”.

NOTE

Principal Act

1. Act No. 47, 1995.

[Presentation speech made in Assembly on 27 June 1996]

©  Australian Capital Territory 1996