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

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

No. 72 of 2012

table of provisions

Section  Page

part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Amendments Relating to R 18+ Computer Games

4New section 36A inserted

36AR 18+ computer games

5Demonstration of unclassified, RC, R 18+ and MA 15+ computer games

6Private demonstration of certain computer games in presence of a minor

7Keeping unclassified or RC computer games with other computer games

8Sale or delivery of certain computer games to minors

9Leaving computer games in certain places

10Possession or copying of computer game for the purpose of sale or demonstration

11Screening of advertisements with feature films

12Liability for certain advertisements

13Sale of feature films with advertisements

14Advertisements with computer games

15On-line information services

16Publication to prescribed person or body

Part 3—Amendments Relating to Law Enforcement Exemption

17Definitions

18Publication or transmission of objectionable material

19Publication or transmission of child pornography

20Advertising of objectionable material etc.

Part 4—Repeal of Amending Act

21Repeal of amending Act

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Endnotes

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

No. 72 of 2012

[Assented to 4 December 2012]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The purpose of this Act is to amend the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995—

(a)to provide for offences relating to computer games with an R 18+ classification; and

(b)to establish penalties for offences relating to computer games with an R 18+ classification; and

(c)to provide an exemption for law enforcement personnel and other authorised persons from certain offences under that Act.

2Commencement

(1)This Act (except Part 2) comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Part 2 comes into operation on 1 January 2013.

3Principal Act

In this Act, the Classification(Publications, Films and Computer Games) (Enforcement) Act 1995 is called the Principal Act.

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Part 2—Amendments Relating to R 18+ Computer Games

4New section 36A inserted

After section 36 of the Principal Act insert—

36AR 18+ computer games"

A person must not demonstrate a computer game classified R 18+ in a public place unless—

(a)the determined markings are exhibited before the computer game can be played; and

(b)entry to the place is restricted to adults.

Penalty:10 penalty units.".

5Demonstration of unclassified, RC, R 18+ and MA 15+ computer games

(1)In the heading to section 38 of the Principal Act, after "RC" insert ", R 18+".

(2)In section 38(a) and (b) of the Principal Act, after "RC" insert ", R 18+".

(3)In the penalty at the foot of section 38 of the Principal Act, after paragraph (c) insert—

"(ca)if the computer game is classified, or is subsequently classified, R 18+—40 penalty units;".

6Private demonstration of certain computer games in presence of a minor

(1)Insert the following heading to section 39 of the Principal Act—

"Private demonstration of RC and R 18+ computer games in presence of a minor".

(2)In section 39(1) of the Principal Act, after "RC" (where twice occurring) insert "or R 18+".

(3)For the penalty at the foot of section 39(1) of the Principal Act substitute—

"Penalty:

(a)if the computer game is classified, or is subsequently classified, R 18+—40 penalty units;

(b)if the computer game is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years.".

7Keeping unclassified or RC computer games with other computer games

After section 41(1)(a) of the Principal Act insert—

"(ab)if the computer game is subsequently classified R 18+—a fine not exceeding 120 penalty units or imprisonment not exceeding 1 year;".

8Sale or delivery of certain computer games to minors

(1)After section 42(1) of the Principal Act insert—

"(1A)A person must not sell or deliver to a minor a computer game classified R 18+, or an unclassified computer game which would, if classified, be classified R 18+, unless the person is a parent or guardian of the minor.

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

(2)After section 42(2) of the Principal Act insert—

"(2A)It is a defence to a prosecution for an offence against subsection (1A) to prove that—

(a)the minor produced to the accused or the employee or agent of the accused acceptable proof of age before the accused sold or delivered the computer game to the minor and the accused or employee or agent of the accused believed on reasonable grounds that the minor was an adult; or

(b)in the case of delivery of a computer game classified R 18+, the minor was employed by the accused or the employer of the accused and the delivery took place in the course of that employment.".

9Leaving computer games in certain places

(1)In section 44(1)(a) and (b) of the Principal Act, after "RC" insert ", R 18+".

(2)In the penalty at the foot of section 44(1) of the Principal Act, after paragraph (c) insert—

"(ca)if the computer game is classified, or is subsequently classified, R 18+—120 penalty units or imprisonment for 1 year;".

10Possession or copying of computer game for the purpose of sale or demonstration

(1)In the penalty at the foot of section 45(1) of the Principal Act, after paragraph (c) insert—

"(ca)if the computer game is subsequently classified R 18+—120 penalty units or imprisonment for 1 year;".

(2)In the penalty at the foot of section 45(2) of the Principal Act, after paragraph (c) insert—

"(ca)if the computer game is subsequently classified R 18+—120 penalty units or imprisonment for 1 year;".

11Screening of advertisements with feature films

In the Table to section 48 of the Principal Act, in column 3 of item 5, before "MA 15+" insert "R 18+,".

12Liability for certain advertisements

(1)In section 49(1)(b) and (d) of the Principal Act, after "RC" insert ", R 18+".

(2)In section 49(2) of the Principal Act—

(a)in paragraph (b), after "film" (where first occurring) insert "or computer game";

(b)in paragraph (c)(ii), after "to be classified," insert "R 18+ or".

13Sale of feature films with advertisements

In the Table to section 50 of the Principal Act, in column 3 of item 5, before "MA 15+" insert "R 18+,".

14Advertisements with computer games

In the Table to section 51 of the Principal Act, after item 4 insert—

" 5 R 18+ R 18+, MA 15+,   M, PG or G R 18+, MA 15+, M, PG or G".

15On-line information services

In section 56 of the Principal Act—

(a)in the definition of material unsuitable for minors of any age, after paragraph (b) insert—

"(ba)a computer game that is classified R 18+ or would, if classified, be classified R 18+; or";

(b)in the definition of objectionable material, paragraph (c)(iv) is repealed.

16Publication to prescribed person or body

In section 83(b) of the Principal Act after "RC" insert ", R 18+".

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Part 3—Amendments Relating to Law Enforcement Exemption

17Definitions

In section 56 of the Principal Act insert the following definition—

"law enforcement agency means—

(a)the police of Victoria or of any other State or of the Northern Territory of Australia; or

(b)the Australian Federal Police; or

(c)the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; or

(d)any other authority or person responsible for the enforcement of the laws of—

(i)Victoria or any other State; or

(ii)the Commonwealth; or

(iii)the Northern Territory of Australia;".

18Publication or transmission of objectionable material

After section 57(3) of the Principal Act insert—

"(4)Nothing in subsection (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 who is assisting a member or officer; or

(c)a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police who is assisting a member or officer—

to do anything referred to in subsection (1) 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.".

19Publication or transmission of child pornography

At the end of section 57A of the Principal Act insert—

"(2)Nothing in subsection (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 who is assisting a member or officer; or

(c)a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police who is assisting a member or officer—

to do anything referred to in subsection (1) 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.".

20Advertising of objectionable material etc.

At the end of section 59 of the Principal Act insert—

"(2)Nothing in subsection (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 who is assisting a member or officer; or

(c)a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police who is assisting a member or officer—

to do anything referred to in subsection (1) 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.".

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Part 4—Repeal of Amending Act

21Repeal of amending Act

This Act is repealed on 1 January 2014.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 11 October 2012

Legislative Council: 15 November 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 to provide for the regulation of computer games with an R 18+ classification, to provide for an exemption from certain offences under that Act and for other purposes."