Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1998 (Vic)
Classification (Publications, Films and Computer
Games) (Enforcement) (Amendment) Act 1998
Act No. 60/1998
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Definition inserted 2 5. Sale of commercial quantity of RC or X films 2 6. New section 23A inserted 3
23A. Possession or copying of commercial quantity of RC or
X films 3
7. Sale of commercial quantity of RC publications 5 8. Category 1 restricted publications 5 9. Possession or copying of commercial quantity of RC publications 6 10. Sale of commercial quantity of RC computer games 6 11. New section 45A inserted 7
45A. Possession or copying of commercial quantity of RC
computer games 7
12. Forfeiture 8 13. New section 75A inserted 9 75A. Forfeiture—commercial quantity 10 14. Penalty against body corporate 11 15. New section 87A inserted 11
87A. Transitional provisions (1998 amendments) 11
16. Amendment of Confiscation Act 1997 11 17. Amendment of Magistrates' Court Act 1989 12
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NOTES 13
i
Victoria
No. 60 of 1998
Classification (Publications, Films and
Computer Games) (Enforcement)
(Amendment) Act 1998†
[Assented to 27 October 1998]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Classification (Publications, Films andComputer Games) (Enforcement) Act 1995—
(a)
to create offences in respect of commercial quantities of certain prohibited material; and
(b)
to provide further for forfeiture of seized items; and
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
Act No. 60/1998 s. 2
(c)
to require all Category 1 restricted publications to be sold in sealed, plain, opaque packages; and
(d)
to increase penalties against bodies corporate.
2. Commencement
(1) Sections 1, 3, 16 and this section come into
operation on the day on which this Act receives
the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 January 1999.
3. Principal Act
In this Act, the Classification (Publications, No. 90/1995. Films and Computer Games) (Enforcement)
Act 1995 is called the Principal Act.
4. Definition inserted
In section 3 of the Principal Act, after the
definition of "Code" insert—' "commercial quantity", in relation to
publications, films or computer games,
means not less than 50 copies, whether of
one or more than one publication, film orcomputer game;'.
5. Sale of commercial quantity of RC or X films
At the end of section 15 of the Principal Act
insert—"(2) A person must not sell a commercial
quantity of—
(a) films classified X; or
(b)
unclassified films which would, if classified, be classified X; or
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
| s. 6 | Act No. 60/1998 |
(c)
films that are a mixture of films referred to in paragraphs (a) and (b).
Penalty: 240 penalty units.
(3) A person must not sell a commercial
quantity of—
(a) films classified RC; or
(b)
unclassified films which would, if classified, be classified RC; or
(c)
films that are a mixture of films referred to in paragraphs (a) and (b).
Penalty: 1200 penalty units or
imprisonment for 10 years.(4) An offence against sub-section (3) is an
indictable offence.".
6. New section 23A inserted
After section 23 of the Principal Act insert—
"23A. Possession or copying of commercial
quantity of RC or X films
(1) A person who possesses a commercial
quantity of—
(a) films classified RC; or
(b)
unclassified films which would, if classified, be classified RC; or
(c)
films that are a mixture of films referred to in paragraphs (a) and (b)—
with the intention of selling or exhibiting the
films is guilty of an indictable offence.
(2) A person who copies a commercial quantity
of—
(a) films classified RC; or
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
Act No. 60/1998 s. 6
(b)
unclassified films which would, if classified, be classified RC; or
(c)
films that are a mixture of films referred to in paragraphs (a) and (b)—
with the intention of selling or exhibiting the
films or the copies is guilty of an indictable
offence.(3) A person who is guilty of an offence against
sub-section (1) or (2) is liable to a term of
imprisonment not exceeding 10 years or to a
fine not exceeding 1200 penalty units.
(4) A person who possesses a commercial
quantity of—
(a) films classified X; or
(b)
unclassified films which would, if classified, be classified X; or
(c)
films that are a mixture of films referred to in paragraphs (a) and (b)—
with the intention of selling or exhibiting the
films is guilty of an offence.
(5) A person who copies a commercial quantity
of—
(a) films classified X; or
(b)
unclassified films which would, if classified, be classified X; or
(c)
films that are a mixture of films referred to in paragraphs (a) and (b)—
with the intention of selling or exhibiting the
films or the copies is guilty of an offence.(6) A person who is guilty of an offence against
sub-section (4) or (5) is liable to a fine not
exceeding 240 penalty units.
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
| s. 7 | Act No. 60/1998 |
(7) In proceedings for an offence against a
provision of this section, evidence that a
person made 50 or more copies of an
unclassified film is evidence that the person
intended to sell or exhibit the films and, in
the absence of evidence to the contrary, is
proof of that fact.".
7. Sale of commercial quantity of RC publications At the end of section 25 of the Principal Act insert—
"(4) A person must not sell a commercial
quantity of—
(a) publications classified RC; or
(b) unclassified publications which would,
if classified, be classified RC; or(c) publications that are a mixture of (a) and (b).
Penalty: 1200 penalty units or
imprisonment for 10 years.(5) An offence against sub-section (4) is an
indictable offence.".
8. Category 1 restricted publications
In section 26 of the Principal Act, for sub-section
(1) substitute—'(1) Subject to sub-section (2), a person must not
sell or deliver a publication classified
Category 1 restricted unless—
(a)
it is contained in a sealed package made of plain, opaque material; and
(b)
both the publication and the package bear the determined markings.
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
Act No. 60/1998 s. 9
Penalty: 60 penalty units or imprisonment
for 6 months.
(1A) For the purposes of sub-section (1), "plain"
does not include the title of the publication.'.9. Possession or copying of commercial quantity of RC publications
In section 31 of the Principal Act, after sub-
section (2) insert—"(3) A person must not possess or copy a
commercial quantity of—
(a) publications classified RC; or
(b) unclassified publications which would,
if classified, be classified RC; or(c) publications that are a mixture of (a) and (b)—
with the intention of selling the publications
or the copies.
Penalty: 1200 penalty units or
imprisonment for 10 years.(4) An offence against sub-section (3) is an
indictable offence.".
10. Sale of commercial quantity of RC computer games
At the end of section 36 of the Principal Act
insert—"(3) A person must not sell a commercial
quantity of—
(a) computer games classified RC; or
(b) unclassified computer games which
would, if classified, be classified RC; or
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
| s. 11 | Act No. 60/1998 |
(c)
computer games that are a mixture of computer games referred to in paragraphs (a) and (b).
Penalty: 1200 penalty units or
imprisonment for 10 years.(4) An offence against sub-section (3) is an
indictable offence.".
11. New section 45A inserted
After section 45 of the Principal Act insert—
"45A. Possession or copying of commercial
quantity of RC computer games
(1) A person must not possess a commercial
quantity of—
(a) computer games classified RC; or
(b) unclassified computer games which
would, if classified, be classified RC; or(c)
computer games that are a mixture of computer games referred to in paragraphs (a) and (b)—
with the intention of selling or demonstrating
the computer games.
Penalty: 1200 penalty units or
imprisonment for 10 years.(2) A person must not copy a commercial
quantity of—
(a) computer games classified RC; or
(b) unclassified computer games which
would, if classified, be classified RC; or(c)
computer games that are a mixture of computer games referred to in paragraphs (a) and (b)—
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
Act No. 60/1998 s. 12 with the intention of selling or demonstrating
the computer games or the copies.
Penalty: 1200 penalty units or
imprisonment for 10 years.(3) An offence against sub-section (1) or (2) is
an indictable offence.
(4) In proceedings for an offence against a
provision of this section, evidence that a
person made 50 or more copies of an
unclassified computer game is evidence that
the person intended to sell or demonstrate
the computer games and, in the absence of
evidence to the contrary, is proof of thatfact.".
12. Forfeiture
(1) In section 75 of the Principal Act—
(a) in sub-section (3), for "6" substitute "12";
(b) in sub-section (4), for "28" substitute "60";
(c) in sub-section (5)—(i) after "sub-section" insert "(3B) or"; and
(ii) for "6" substitute "12".
(2) In section 75 of the Principal Act, after sub-
section (3) insert—
"(3A) If a film, publication or computer game, other than one referred to in sub-section (3)(a), (b) or (c), has been lawfully seized by
a member of the police force and the
member believes on reasonable grounds that
a person, other than a person charged with an
offence in relation to the seized item, is the
owner of the seized item, the member must
give notice in writing to the person of—
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
s. 12
| s. 13 | Act No. 60/1998 |
(a) the date and place of seizure; and
(b) the nature of the seized item.(3B) A person to whom notice is given under sub- section (3A) may apply within 60 days after the notice to the Magistrates' Court for the
return of the film, publication or computer
game.".
(3) In section 75 of the Principal Act, after sub-
section (4) insert—
"(4A) An applicant under sub-section (4) must give
notice in writing of the application to the
Chief Commissioner of Police containing—
(a)
the name and address of the applicant; and
(b)
the address of the premises from which the film, publication or computer game was seized; and
(c) the date of seizure; and
(d) the nature of the seized item the return of which is sought.". (4) In section 75(6) of the Principal Act, after "Minister" insert "or, if a court orders the forfeiture, as directed by the court".
(5) In section 75(7) of the Principal Act, after
"Minister" insert "or court".
13. New section 75A inserted
After section 75 of the Principal Act insert—
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
Act No. 60/1998
"75A. Forfeiture—commercial quantity
(1) If a person is found guilty of an offence in relation to a commercial quantity of films, publications or computer games, any other film, publication or computer game that was
seized at the same time from the same premises as the commercial quantity is forfeited to the Crown at the expiry of 30
days after the finding of guilt unless the Magistrates' Court makes an order under sub-section (4).
(2) If an application for an order under sub-
section (4) is made within the period of 30
days referred to in sub-section (1), the
operation of sub-section (1) is suspended
until the application is determined.(3) An applicant for an order under sub-section (4) must give notice of the application to the Chief Commissioner of Police.
(4) If the Magistrates' Court is satisfied that—
(a)
the applicant is the owner of a film, publication or computer game seized at the same time from the same premises as a commercial quantity; and
(b)
the seized item is classified with a classification other than RC or, in the case of a film, RC or X—
the Magistrates' Court may make an order
that the item be returned to the applicant and
that the applicant's costs (including costs of
classification) be paid by the ChiefCommissioner.
(5) Subject to sub-section (6), a film, publication
or computer game which is forfeited under this section may be destroyed or otherwise
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
s. 14
| s. 16 | Act No. 60/1998 |
dealt with as directed by the Minister or the
Magistrates' Court.
(6) The Minister or court must not direct the
destruction of a film, publication or
computer game before the expiry of the time
allowed for instituting an appeal against a
refusal to make an order under sub-section
(4) or, if an appeal is lodged within that time,before the determination of the appeal.".
14. Penalty against body corporate
In section 80(3) of the Principal Act—
(a) for "2 times" substitute "5 times";
(b) omit ", to a maximum of 240 penalty units".
15. New section 87A inserted
In Part 11 of the Principal Act, after section 87 insert—
"87A. Transitional provisions (1998 amendments)
(1) The amendment of section 75 made by a
provision of section 12 of the Classification 1998 applies to a publication, film or computer game seized before or after the commencement of that provision.
(Publications, Films and Computer
(2) An amendment of this Act made by any
other provision of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act
1998 applies to a publication, film or
computer game seized after thecommencement of that provision.".
16. Amendment of Confiscation Act 1997
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
Act No. 60/1998
In Schedule 1 to the Confiscation Act 1997, in item 5—
(a) in paragraph (c), after "15" insert "(1) or (2)";
(b) after paragraph (d) insert— "(da) section 23A(4) or (5) (possession or copying of commercial quantity of X films);".
17. Amendment of Magistrates' Court Act 1989
In Schedule 4 to the Magistrates' Court Act
1989, after item 37 insert—
"38. Commercial quantity of RC publications, films or
computer games
Offences under sections 15(3), 23A(1), 23A(2),
25(4), 31(3), 36(3), 45A(1) and 45A(2) of the
Classification (Publications, Films and ComputerGames) (Enforcement) Act 1995.".
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Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
| Notes | Act No. 60/1998 |
NOTES
†
Minister's second reading speech—
Legislative Assembly: 9 April 1998
Legislative Council: 6 October 1998
The long title for the Bill for this Act was "to amend the Classification
(Publications, Films and Computer Games) (Enforcement) Act 1995
and for other purposes."
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