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

Western Australia

Classification (Publications, Films and

Computer Games) Enforcement Amendment

Act 2012

Western Australia

Classification (Publications, Films and

Computer Games) Enforcement Amendment

Act 2012

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	Act amended	2
4.	Section 3 amended	2
5.	Section 57 amended	2
6.	Section 84 amended	3
7.	Section 85 amended	3
8.	Section 85A amended	4
9.	Section 88 amended	4
10.	Section 89 amended	5
11.	Section 92 amended	5
12.	Section 94 amended	5
13.	Section 95 amended	6
14.	Section 110 amended	6
15.	Section 153A inserted	6

153A.	Change of classification of computer
games from MA 15+ to R 18+ 6

Western Australia

Classification (Publications, Films and

Computer Games) Enforcement Amendment

Act 2012

No. 53 of 2012

An Act to amend the Classification (Publications, Films and

Computer Games) Enforcement Act 1996.

[Assented to 29 November 2012]

The Parliament of Western Australia enacts as follows:

Classification (Publications, Films and Computer Games) Enforcement

Amendment Act 2012

s. 1

1.             Short title

This is the Classification (Publications, Films and Computer

Games) Enforcement Amendment Act 2012.

2.             Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 come into operation on the day on which this Act receives the Royal Assent (assent day);
(b)	the rest of the Act —

(i)      comes into operation on 1 January 2013 if assent day is not later than that day; or

(ii)

is deemed to have come into operation on day.

3.             Act amended

This Act amends the Classification (Publications, Films and

Computer Games) Enforcement Act 1996.

4.             Section 3 amended

In section 3 in the definition of contentious material delete

“MA 15+ or” and insert:

MA 15+, R 18+ or

5.             Section 57 amended

In section 57(c) delete “M or MA 15+; or” and insert:

M, MA 15+ or R 18+; or

Classification (Publications, Films and Computer Games) Enforcement

Amendment Act 2012

s. 6

6.             Section 84 amended

In section 84(2) delete “RC,” and insert:

RC or R 18+,

Note: The heading to amended section 84 is to read:

RC and R 18+ computer games, sale etc. of

7.             Section 85 amended

(1)	In section 85(1) after “classified” insert:
R 18+ or
(2)	In section 85(2):

(a) in paragraph (a) after “be classified” insert:

R 18+ or

(b) in paragraph (b) after “classified” insert:

R 18+ or

(3) After section 85(2) insert:

(3A)

A person must not demonstrate in a place that is not a

public place, in the presence of a minor —

(a) an unclassified computer game that would, if classified, be classified R 18+; or

Classification (Publications, Films and Computer Games) Enforcement

Amendment Act 2012

s. 8

(b) a computer game classified R 18+,

unless that person is a parent or guardian of the minor.

Penalty: a fine of $2 000.

(3B)

It is a defence to a charge of an offence against

subsection (3A) for the person charged to prove that

the person believed on reasonable grounds that the

minor was an adult.

Note:	The heading to amended section 85 is to read:
R 18+ and MA 15+ computer games, demonstration of

8.             Section 85A amended

In section 85A(a) and (b) after “classified” insert:

R 18+ or

Note: The heading to amended section 85A is to read:

R 18+ and MA 15+ computer games, containers etc., display of in

public

9.             Section 88 amended

Before section 88(1) insert:

(1A)

A person must not sell or supply to a minor a computer

game classified R 18+ unless the person is a parent or

guardian of the minor.

Penalty: a fine of $5 000.

(1B)

It is a defence to a charge of an offence against

subsection (1A) for the person charged to prove that —

(a) the minor produced to the person charged or that person’s employee or agent acceptable proof of age before the person charged sold or

Classification (Publications, Films and Computer Games) Enforcement

Amendment Act 2012

s. 10

supplied the computer game to the minor and

the person charged or that person’s employee or

agent believed on reasonable grounds that the

minor was an adult; or

(b) the minor was employed by the person charged or that person’s employer and the supply took place in the course of that employment.

10.           Section 89 amended

(1)	In section 89(2) after “be classified” insert:
R 18+ or
(2)	In section 89(3) after “classified” insert:
R 18+ or

11.           Section 92 amended

In section 92(2) in the Table item 5 delete “MA 15+,” and

insert:

R 18+, MA 15+,

12.           Section 94 amended

In section 94(2) in the Table item 5 delete “MA 15+,” and

insert:

R 18+, MA 15+,

Classification (Publications, Films and Computer Games) Enforcement

Amendment Act 2012

s. 13

13.           Section 95 amended

(1)	In section 95(1) in the Table after item 4 insert:
5 R 18+ R 18+, MA 15+, M, PG or G
(2)	In section 95(2) in the Table after item 4 insert:
5 R 18+ R 18+, MA 15+, M, PG or G
(3)	In section 95(3) delete “computer film” and insert:
film

14.           Section 110 amended

In section 110(b) delete “RC or” and insert:

RC, R 18+ or

15.           Section 153A inserted

Before section 153 insert:

153A.

Change of classification of computer games from

MA 15+ to R 18+

If —

(a)	immediately before the coming into operation of this section, a computer game is classified MA 15+; and
(b)	within 12 months after the coming into operation of this section, the computer game

Classification (Publications, Films and Computer Games) Enforcement

Amendment Act 2012

s. 15

becomes classified R 18+ under the

Commonwealth Act; and

(c)

within 90 days after the change in relation to the computer game under section 85, 85A, 86, 88, 89, 92, 94 or 95 (the relevant section); and

(d) the person would not have committed any offence under the relevant section if the computer game had still been classified MA 15+,

then the person is taken not to have committed an

offence under the relevant section.