Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001 (Vic)

Classification (Publications, Films and Computer

Games) (Enforcement) (Amendment) Act 2001

Act No. 69/2001

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2

PART 2—AMENDMENT OF THE CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 3

4.	Definitions	3
5.	New section 5 substituted	4

5. Application of Act 4

6.	Determined markings and consumer advice	4
7.	Category 1 restricted publications	5
8.	Category 2 restricted publications	5
9.	New sections 27A and 27B inserted	6

27A.	Sale or delivery of publications contrary to conditions	6
27B.	Consumer advice for Unrestricted publications	6

10.	Misleading or deceptive marking	7
11.	Computer games to bear determined markings and consumer
advice	7
12.	Advertisements	8
13.	New section 60A inserted	10

60A. Calling in films for classification 10

14.	Calling in computer games for classification	11
15.	New sections 62A and 62B inserted	11

62A.	Calling in a publication, film or computer game for
reclassification 11
62B.	Obtaining copies for review 12

16. New section 57A inserted 13

57A. Publication or transmission of child pornography 13

17. New section 87B inserted 13

i

Section Page

87B. Transitional provisions (2001 amendments) 13

18. Amendment of section 87B 13

PART 3—AMENDMENT OF OTHER ACTS 15

19. Amendment of Magistrates' Court Act 1989 15

40. Publication or transmission of child pornography 15

20. Amendment of Crimes Act 1958 15

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ENDNOTES 17

ii

Victoria

No. 69 of 2001

Classification (Publications, Films and

Computer Games) (Enforcement)

(Amendment) Act 2001†

[Assented to 7 November 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) Films and Computer Games)

to amend the Classification (Publications, of amendments to the Classification

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

Act No. 69/2001 s. 2

(Publications, Films and Computer Games)

Act 1995 of the Commonwealth; and

(b) to make miscellaneous amendments to that Act, the Magistrates' Court Act 1989 and the Crimes Act 1958.

2. Commencement

(1) This Part and sections 16, 17, 19 and 20 come into

operation on the day after the day on which this

Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 23 March 2002, it

comes into operation on that day.

3. Principal Act

See:

In this Act, the Classification (Publications,	Act No.
Films and Computer Games) (Enforcement)	90/1995 Reprint No. 1
Act 1995 is called the Principal Act.	as at 1 January
1999. LawToday:
dpc.vic.
gov.au

_______________
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

s. 4 Act No. 69/2001

PART 2—AMENDMENT OF THE CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES)

(ENFORCEMENT) ACT 1995

4. Definitions

In section 3 of the Principal Act—

(a)

for the definition of "contentious material" ' "contentious material" has the same

meaning as in the Commonwealth

Act;';

(b)	after the definition of "Director" insert— ' "exempt computer game" has the same
meaning as in the Commonwealth Act; "exempt film" has the same meaning as in

the Commonwealth Act;';

(c) after the definition of "guardian" insert— ' "international flight", in relation to an

aircraft, means a flight that passes
through the air space over the territory
of more than one country and includes
any part of the flight that may occur

within 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 occur within Australia;';

(d) in the definition of "place", after "aircraft" insert "(except a vessel on an international voyage or an aircraft on an international

flight)";

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

Act No. 69/2001 s. 5

(e)

after the definition of "restricted publications ' "Review Board" means the Classification

Review Board established by the

Commonwealth Act;';

(f)

for the definition of "submittable ' "submittable publication" has the same

meaning as in the Commonwealth Act and includes a publication called in by the Director under section 60.'.

5. New section 5 substituted

For section 5 of the Principal Act substitute—

"5. Application of Act

This Act does not apply to—

(a)	exempt films or exempt computer games; or
(b)

broadcasting services to which the Commonwealth applies.".

6. Determined markings and consumer advice

In section 18 of the Principal Act, for
sub-section (4) substitute—

"(4) If—

(a)	a film is reclassified under section 39 or 97A of the Commonwealth Act; or
(b)	the Board revokes a classification or consumer advice for a film under section 22B(3) of that Act—

display of the determined markings and consumer advice applicable to the film before that reclassification or revocation is

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

s. 7 Act No. 69/2001

sufficient compliance with this section for a
period of 14 days after the decision to

reclassify or revoke takes effect.".

7. Category 1 restricted publications

(1) In section 26(2) of the Principal Act, for "If"

substitute "Subject to any condition imposed by
the Board under section 13A(2) of the
Commonwealth Act, if".

(2) In section 26 of the Principal Act, for

sub-section (3) substitute—
"(3) If—

(a)

a publication is reclassified under Commonwealth Act; or

(b) the Board revokes a classification for a publication under section 22B(3) of that Act—

it is sufficient compliance with
sub-section (1) for a period of 14 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.".

8. Category 2 restricted publications

In section 27 of the Principal Act, for
sub-section (3) substitute—

"(3) If—

(a)

a publication is reclassified under Commonwealth Act; or

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

Act No. 69/2001 s. 9

(b) the Board revokes a classification for a publication under section 22B(3) of that Act—

it is sufficient compliance with
sub-section (1)(d) for a period of 14 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.".

9. New sections 27A and 27B inserted

After section 27 of the Principal Act insert—

"27A. Sale or delivery of publications contrary to

conditions

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:  60 penalty units or imprisonment
for 6 months.

27B. Consumer advice for Unrestricted

publications

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:  60 penalty units or imprisonment
for 6 months.".

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

s. 10 Act No. 69/2001

10. Misleading or deceptive marking

In section 28 of the Principal Act, for
sub-section (3) substitute—

"(3) If—

(a)

a publication is reclassified under Commonwealth Act; or

(b) the Board revokes a classification for a publication under section 22B(3) of that Act—

it is sufficient compliance with this section for a period of 14 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.".

11.  Computer games to bear determined markings and consumer advice

(1) In section 40 of the Principal Act, after

sub-section (3) insert—

"(3A) A person must not make a computer game available for playing on a pay and play basis

(for example, a coin operated arcade game) 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:  in the case of a natural person,
20 penalty units;
in the case of a body corporate,
50 penalty units.

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

Act No. 69/2001 s. 12

(3B) If two or more computer games are available

for playing on a device referred to in
sub-section (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.".

(2) In section 40 of the Principal Act, for

sub-section (4) substitute—
"(4) If—

(a)	a computer game is reclassified under section 39 of the Commonwealth Act; or
(b)	the Board revokes a classification or consumer advice for a computer game under section 22B(3) 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 14 days after the
decision to reclassify or revoke takes

effect.".

12. Advertisements

(1) In section 46 of the Principal Act, after

paragraph (b) insert—

"(ba) 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".

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

s. 12 Act No. 69/2001

(2) In section 52 of the Principal Act, for sub-

section (2) substitute—

"(2) If—

(a)	a film, publication or computer game is reclassified under section 39 or 97A of the Commonwealth Act; or
(b)	the Board revokes a classification or consumer advice for a film, publication or computer game under section 22B(3) of that Act—

display of the determined markings and consumer advice applicable to the film, publication or computer game before that

reclassification or revocation is sufficient
compliance with sub-section (1) for a period
of 14 days after the decision to reclassify or
revoke takes effect.".

(3) In section 53 of the Principal Act, for

sub-section (3) substitute—
"(3) If—

(a)	a film, publication or computer game is reclassified under section 39 or 97A of the Commonwealth Act; or
(b)	the Board revokes a classification for a film, publication or computer game under section 22B(3) of that Act—

publication of the determined markings
applicable to the film, publication or
computer game before that reclassification or
revocation is sufficient compliance with
sub-section (2) for a period of 14 days after
the decision to reclassify or revoke takes
effect.".

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

Act No. 69/2001 s. 13

13. New section 60A inserted

After section 60 of the Principal Act insert—

"60A. Calling in films for classification

(1) If—

(a)	the Director has reasonable grounds to believe that an unclassified film is not an exempt film; and
(b)	the film is being published in Victoria, or the Director has reasonable grounds to believe that it will be published in

Victoria—

the Director may, by notice in writing given
to the publisher of the film, require the
publisher to submit an application for
classification of the film.

(2) The Director must cause notice of a decision

under sub-section (1) to be published in the
Commonwealth Gazette.

(3) A person to whom a notice under this section

is given must, within 3 business days after
receiving the notice, comply with the notice.
Penalty: 100 penalty units.

(4) It is a defence to a prosecution for an offence

against sub-section (3) to prove that the
defendant did not intend—

(a) to publish the film in Victoria; or

(b) to cause, authorise, permit or license the film to be published in Victoria.".

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

s. 14 Act No. 69/2001

14. Calling in computer games for classification

(1) In section 61 of the Principal Act, after

sub-section (1) insert—

"(1A) If—

(a)	the Director has reasonable grounds to believe that an unclassified computer game is not an exempt computer game; and
(b)	the computer game is being published in Victoria, or the Director has reasonable grounds to believe that it will be published in Victoria—

the Director may, by notice in writing given
to the publisher of the computer game,
require the publisher to submit an application

for classification of the computer game.".

(2) In section 61(2) of the Principal Act, after "(1)"

insert "or (1A)".

15. New sections 62A and 62B inserted

After section 62 of the Principal Act insert—

"62A. Calling in a publication, film or computer game for reclassification

(1) If—

(a) publication, film or computer game

the Board proposes to reclassify a Act; and

(b) the publisher of the publication, film or computer game resides in Victoria or has an office in Victoria—

the Director may, by notice in writing given
to the publisher, require the publisher to
submit a copy of the publication, film or

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

Act No. 69/2001 s. 15

computer game for the purpose of
reclassifying it.

(2) A person to whom a notice under this section

is given must, within 3 business days after
receiving the notice, comply with the notice.
Penalty: 100 penalty units.

(3) It is a defence to a prosecution for an offence

against sub-section (2) to prove that the
defendant did not have a copy of the
publication, film or computer game.

62B. Obtaining copies for review

(1) If—

(a)	an application is made for a review of a classification decision under the Commonwealth Act by a person who is not the original applicant for classification of the publication, film or computer game concerned; and
(b)	the Board or the Review Board does not have a copy of the publication, film or computer game and a copy is not available to it; and
(c)	the original applicant or the publisher of the publication, film or computer game resides in Victoria or has an office in Victoria—

the Director may, by notice in writing given to the original applicant or publisher, require the original applicant or publisher to make a copy of the publication, film or computer

game available for the purpose of the review.

(2) A person to whom a notice under this section

is given must, within 3 business days after
receiving the notice, comply with the notice.

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

s. 16 Act No. 69/2001

Penalty: 100 penalty units.

(3) It is a defence to a prosecution for an offence

against sub-section (2) to prove that the
defendant did not have a copy of the
publication, film or computer game.".

16. New section 57A inserted

After section 57 of the Principal Act insert—

"57A. Publication or transmission of child

pornography

A person who knowingly uses an on-line information service to publish or transmit, or make available for transmission, objectionable material that describes or depicts a person who is, or looks like, a minor under 16 engaging in sexual activity or depicted in an indecent sexual manner or context is guilty of an indictable offence and liable to a term of imprisonment not exceeding 10 years.".

17. New section 87B inserted

After section 87A of the Principal Act insert—

"87B. Transitional provisions (2001 amendments) Section 57A, as inserted by section 16 of the Classification (Publications, Films and

Computer Games) (Enforcement)
(Amendment) Act 2001, applies only to a
use of an on-line information service on or
after the commencement of section 16 of that

Act.".

18. Amendment of section 87B

At the end of section 87B of the Principal Act insert—

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

Act No. 69/2001 s. 18

"(2) Section 40(3A) and (3B), as inserted by

section 11(1) of the Classification 2001, applies to a computer game whether published before or after the commencement of section 11(1) of that Act.

(Publications, Films and Computer

(3) Sections 62A and 62B, as inserted by

section 15 of the Classification
(Publications, Films and Computer
Games) (Enforcement) (Amendment) Act
2001, apply to a publication, film or
computer game whether published before or
after the commencement of section 15 of that

Act.

(4) An amendment of this Act made by any

other provision of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act

2001 only applies to—

(a)	a publication, film or computer game first published on or after the commencement of that provision; or
(b)	a publication, film or computer game for which an application for classification is made on or after that commencement.".

_______________
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

s. 19 Act No. 69/2001

PART 3—AMENDMENT OF OTHER ACTS

19. Amendment of Magistrates' Court Act 1989

In Schedule 4 to the Magistrates' Court Act
1989, after clause 39 insert—

"40. Publication or transmission of child

pornography

Offences under section 57A of the
Classification (Publications, Films and
Computer Games) (Enforcement) Act

1995.".

20. Amendment of Crimes Act 1958

(1) At the end of section 68 of the Crimes Act 1958

insert—

"(2) Nothing in sub-section (1) makes it an

offence for—

(a)	any member or officer of a law enforcement agency; or
(b)	a person authorised in writing by the Chief Commissioner of Police assisting a member or officer; or
(c)	a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting a member or officer—

to print or otherwise make or produce child pornography in the exercise or performance of a power, function or duty conferred or

imposed on the member or officer by or
under this or any other Act or at common
law.".

Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

Act No. 69/2001 s. 20

(2) In section 70 of the Crimes Act 1958, for sub-

section (4) substitute—

"(4) Nothing in this section makes it an offence

for—

(a)	any member or officer of a law enforcement agency; or
(b)	a person authorised in writing by the Chief Commissioner of Police assisting such a member or officer; or
(c)	authorised in writing by the Chief

a person belonging to a class of persons a member or officer—

to have child pornography in his or her
possession in the exercise or performance of
a power, function or duty conferred or
imposed on the member or officer by or
under this or any other Act or at common

law.".

═══════════════
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001

Endnotes Act No. 69/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 19 September 2001

Legislative Council: 16 October 2001

The long title for the Bill for this Act was "to amend the Classification
(Publications, Films and Computer Games) (Enforcement) Act 1995
mainly as a consequence of amendments to the Classification
(Publications, Films and Computer Games) Act 1995 of the
Commonwealth, to amend the Magistrates' Court Act 1989 and the
Crimes Act 1958 and for other purposes."