Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2008
An Act to amend the Classification (Publications, Films and Computer Games) Enforcement Act 1995 consequent on certain amendments made to the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth and for related purposes
[Royal Assent 22 October 2008]
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 Amendment Act 2008 . 2Commencement (1) Except as provided in this section, this Act commences on the day on which this Act receives the Royal Assent. (2) Part 3 commences on a day to be proclaimed. PART 2Classification (Publications, Films and Computer Games) Enforcement Act 1995 Amended3Principal ActIn this Part, the Classification (Publications, Films and Computer Games) Enforcement Act 1995 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of approved form and substituting the following definition: approved form means a form approved under section 8A of the Commonwealth Act; (b) by inserting the following definition after the definition of contentious material : Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act; 5Section 4A insertedAfter section 4 of the Principal Act , the following section is inserted in Part 1: 4AFilms contained on devices consisting only of classified films 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. 6Section 20 amended (Requirements for exhibiting film in public place) Section 20 of the Principal Act is amended as follows: (a) by omitting "A person" and substituting "(1) A person"; (b) by inserting the following subsection: (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) with a modification referred to in section 21(2) of the Commonwealth Act. 7Section 33 amended (Classified film not to be sold or delivered under different title or in altered form) Section 33 of the Principal Act is amended as follows: (a) by omitting "A person" and substituting "(1) A person"; (b) by inserting the following subsection: (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) with a modification referred to in section 21(2) of the Commonwealth Act. 8Section 66B amended (Obtaining copies for review) Section 66B(1) of the Principal Act is amended by omitting "Director" and substituting "Convenor". 9Part 7: Heading amended Part 7 of the Principal Act is amended by omitting "FOR FILMS" from the heading to that Part. 10Section 67AA insertedBefore section 67 of the Principal Act , the following section is inserted in Part 7: 67AAInterpretation In this Part – approved organisation means an organisation approved under section 69 . 11Section 67 amended (Exemption of film, publication, computer game or advertisement) Section 67 of the Principal Act is amended by omitting "film." and substituting "film, publication, computer game or advertisement.". 12Section 68 substituted Section 68 of the Principal Act is repealed and the following section is substituted: 68Exemption of approved organisation for activities or functions The Minister or Director may, on application under section 70 , direct in writing that this Act does not apply, or that specified provisions of this Act do not apply, to the extent and subject to any condition specified in the direction, to an approved organisation in relation to – (a) the exhibition of a film, or demonstration of a computer game, at an event specified in the direction; or (b) all or any of the approved organisation’s activities or functions as they relate to films or computer games. 13Section 69 amended (How does an organisation become an approved organisation?) Section 69 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "this Part." and substituting " section 68 ."; (b) by omitting from subsection (4)(c) "films;" and substituting "films or the demonstration of computer games;"; (c) by omitting from subsection (4)(d) "films" and substituting "films, or the demonstration of computer games,". 14Section 70 amended (Approved organisation may apply for exemption) Section 70 of the Principal Act is amended as follows: (a) by omitting from subsection (2) "The application" and substituting "An application for an exemption under section 68(a) "; (b) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) specify the film or computer game which the organisation intends to exhibit or demonstrate and specify the event at which the film or computer game is to be exhibited or demonstrated; and (c) by omitting from subsection (2)(c)(i) "film;" and substituting "film or computer game;"; (d) by omitting from subsection (2)(c)(ii) "fee." and substituting "fee, if any."; (e) by inserting the following subsections after subsection (2) : (2A) An application for an exemption under section 68(b) is to – (a) be in writing; and (b) specify the extent of the exemption sought; and (c) be accompanied by the prescribed fee, if any. (2B) The Minister or Director may require the applicant organisation to provide such information or evidence as the Minister or Director requires in order to consider the application. 15Section 78 amended (Evidence) Section 78(1)(a) of the Principal Act is amended by omitting "Director or Deputy Director" and substituting "Director, Deputy Director or Convenor". 16Section 88C insertedAfter section 88B of the Principal Act , the following section is inserted in Division 2: 88CTransitional provisions (2008 amendments) Each of the following provisions applies to a film whether the film is published before or after the commencement of that provision: (a) section 4A ; (b) section 20(2); (c) section 33(2) . PART 3Classification (Publications, Films and Computer Games) Enforcement Act 1995 Further Amended17Principal ActIn this Part, the Classification (Publications, Films and Computer Games) Enforcement Act 1995 is referred to as the Principal Act. 18Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by inserting after the definition of advertisement the following definition: Advertising Scheme means the scheme determined from time to time under section 31 of the Commonwealth Act; 19Section 57 amended (Certain advertisements for films, publications and computer games not to be published) Section 57(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (d) "film, other than a film in relation to which a certificate of exemption has been granted under section 32 of the Commonwealth Act ;" and substituting "film, if the advertisement contravenes the Advertising Scheme;"; (b) by omitting from paragraph (f) "game." and substituting "game, if the advertisement contravenes the Advertising Scheme.". 20Section 58 amended (Advertisement for classified film not to be screened during public exhibition of other film of lower classification) Section 58 of the Principal Act is amended as follows: (a) by inserting "classified" after "for a"; (b) by inserting "classified" after "another". 21Section 59 amended (Classified film not to be sold or delivered with advertisement for film of higher classification) Section 59 of the Principal Act is amended as follows: (a) by inserting "classified" after "delivered, a"; (b) by inserting "classified" after "another". 22Section 59A insertedAfter section 59 of the Principal Act , the following section is inserted in Part 5: 59AAdvertisement for unclassified film to be in accordance with Advertising Scheme (1) A person must not screen in a public place an advertisement for an unclassified film during a program for the exhibition of a classified film if the advertisement contravenes the Advertising Scheme.Penalty: Fine not exceeding 20 penalty units.
(2) A person must not sell or deliver, or cause to be sold or delivered, a classified film that is accompanied by an advertisement for an unclassified film if the advertisement contravenes the Advertising Scheme.Penalty: Fine not exceeding 20 penalty units.
23Section 60 amended (Classified computer game not to be sold, delivered or demonstrated with advertisement for computer game of higher classification) Section 60 of the Principal Act is amended as follows: (a) by omitting "sell or deliver," and substituting "sell, deliver or demonstrate,"; (b) by omitting "sold or delivered," and substituting "sold, delivered or demonstrated,"; (c) by inserting "classified" after "demonstrated, a"; (d) by inserting "classified" after "another". 24Section 60A insertedAfter section 60 of the Principal Act , the following section is inserted in Part 5: 60AAdvertisement for unclassified computer game to be in accordance with Advertising Scheme A person must not sell, deliver or demonstrate, or cause or permit to be sold, delivered or demonstrated, a classified computer game that is accompanied by an advertisement for an unclassified computer game if the advertisement contravenes the Advertising Scheme.Penalty: Fine not exceeding 20 penalty units.
25Section 66 amended (Board may call in advertisement) Section 66(1)(a) of the Principal Act is amended by omitting "classified". [Second reading presentation speech made in:
House of Assembly on 23 SEPTEMBER 2008
Legislative Council on 2 OCTOBER 2008]