Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Act 2015 (SA)

South Australia

Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Act 2015

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

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Act 2015.

2Commencement

1. (1)

   Subject to this section, this Act will come into operation on the day it receives the assent of the Governor.

2. (2)

   Sections 4 and 5 will come into operation on the day on which Schedule 3, Part 3 of the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 of the Commonwealth commences.

3. (3)

   Subsection (2) only applies if, at the assent of the Governor to this Act, Schedule 3, Part 3 of the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 of the Commonwealth has not commenced.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Classification (Publications, Films and Computer Games) Act 19954Amendment of section 6 – Application of Act

Section 6—after paragraph (a) insert:

1. (ab)

   a publication, film or computer game that is subject to a conditional cultural exemption (within the meaning of the Commonwealth Act); or

5Amendment of section 23 – Declassification of classified films or computer games

Section 23(2)—after paragraph (c) insert:

or

1. (d)

   a modification of a kind referred to in section 21(3) of the Commonwealth Act.

6Amendment of section 28 – Exhibition of film in public place

Section 28(2)(b)—delete "section 21(2)" and substitute:

section 21(2) or (3)

7Amendment of section 37 – Sale of films

Section 37(2)(b)—delete "section 21(2)" and substitute:

section 21(2) or (3)

8Amendment of section 54 – Sale or demonstration of computer game in public place

Section 54—after its present contents (now to be designated as subsection (1)) insert:

1. (2)

   Subsection (1) is not contravened by the sale or demonstration of a classified computer game with modifications referred to in section 21(2) or (3) of the Commonwealth Act.

9Repeal of Part 8

Part 8—delete the Part

Schedule 1—Transitional provisions

1—Exemptions

1. (1)

   A direction under section 76 of the Classification (Publications, Films and Computer Games) Act 1995 (as in force immediately before the commencement of section 9 of this Act) that the Act does not apply to or in relation to a film, publication, computer game or advertisement continues according to its terms after the commencement of section 9 of this Act.

2. (2)

   A direction under section 77 of the Classification (Publications, Films and Computer Games) Act 1995 (as in force immediately before the commencement of section 9 of this Act) that the Act does not apply, or any of the provisions of that Act do not apply, to an organisation in relation to the exhibition of a film at an event continues according to its terms after the commencement of section 9 of this Act.

3. (3)

   If an application, being an application made to the Minister or National Director under Part 8 of the Classification (Publications, Films and Computer Games) Act 1995 before the commencement of section 9 of this Act, was not determined by the Minister or National Director before that commencement, then the application is taken not to have been made and any fee paid in respect of the application must be refunded to the person who made the application.