Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2012 (TAS)

Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2012

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

[Royal Assent 26 November 2012]

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:

1Short titleThis Act may be cited as the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2012 . 2CommencementThis Act commences on 1 January 2013. 3Principal ActIn this Act, 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 by inserting ", R 18+" after "15+" in the definition of contentious material . 5Section 14 amended (Conditions applying to category 1 restricted publications) Section 14(1)(a) of the Principal Act is amended by omitting ", other than by a parent of that minor". 6Section 15 amended (Conditions applying to category 2 restricted publications) Section 15(1)(a) of the Principal Act is amended by omitting ", other than by a parent of that minor". 7Section 16 amended (Offences in relation to category 1 and 2 restricted publications) Section 16 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: (2)  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.

8Section 17 amended (Offences in relation to unclassified objectionable publications) Section 17(4) of the Principal Act is amended by omitting “if that person is not the minor’s parent”. 9Section 37 amended (R 18+ film not to be sold or delivered to minor) Section 37(1) of the Principal Act is amended by omitting “if the person is not the minor’s parent”. 10Section 53 amended (RC, R 18+ or MA 15+ computer game not to be demonstrated in public place) Section 53 of the Principal Act is amended as follows: (a) by inserting in paragraph (a) ", R 18+" after "RC"; (b) by inserting in paragraph (b) ", R 18+" after "RC"; (c) by inserting the following paragraph after paragraph (a) in the penalty : (ab) in the case of a computer game classified R 18+ – a fine not exceeding 50 penalty units; or 11Section 54 amended (RC or R 18+ computer game not to be demonstrated privately in presence of minor) Section 54(1) of the Principal Act is amended as follows: (a) by inserting in paragraph (a) "or R 18+" after "RC"; (b) by inserting in paragraph (b) "or R 18+" after "RC". 12Section 54A insertedAfter section 54 of the Principal Act , the following section is inserted in Part 4: 54AR 18+ computer games not to be sold or delivered to minor under 18 (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. 13Section 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 by inserting after item 4 in the table the following item:

5.  R 18+ R 18+, MA 15+, M, PG or G

14Section 80 amended (Matters averred to in complaint) Section 80(2) of the Principal Act is amended by omitting "minor or a minor under 15" twice occurring and substituting "minor, a minor under 15 or a minor under 18". 15Section 82 repealed Section 82 of the Principal Act is repealed. 16Repeal of ActThis Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 28 AUGUST 2012

Legislative Council on 14 NOVEMBER 2012]