Untitled document

Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2008

No. 5 of 2008

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5New section 5A inserted

5AFilms consisting only of classified films

6Exhibition of film in public place

7Classified films

8Advertisements to contain determined markings and consumer advice

9Obtaining copies for review

10Consequential amendment

11Evidence

12Costs

13Repeal of amending Act

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Endnotes

Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2008

No. 5 of 2008

[Assented to 14 March 2008]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 to make consequential amendments required as a result of the Classification (Publications, Films and Computer Games) Amendment Act 2007 of the Commonwealth.

2Commencement

(1)Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 15 March 2008, it comes into operation on that day.

3Principal Act

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

4Definitions

(1)In section 3 of the Principal Act, for the definition of approved form substitute—

"approved form means a form approved under section 8A of the Commonwealth Act;".

(2)In section 3 of the Principal Act insert the following definition—

"Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act;".

5New section 5A inserted

After section 5 of the Principal Act insert—

"5A   Films 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.".

6Exhibition of film in public place

At the end of section 6 of the Principal Act insert—

"(2)Subsection (1) is not contravened by reason only of the exhibition 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.".

7Classified films

At the end of section 16 of the Principal Act insert—

"(2)Subsection (1) is not contravened by reason only of the sale 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.".

8Advertisements to contain determined markings and consumer advice

In section 52(1)(b)(i) of the Principal Act omit "by the Director".

9Obtaining copies for review

In section 62B(1) of the Principal Act, for "Director" substitute "Convenor".

10Consequential amendment

In section 67(2A)(a) of the Principal Act, for "approved form" substitute "form approved by the Director for the purposes of this subsection and published in the Commonwealth Gazette".

11Evidence

In section 78(1) of the Principal Act, for "Director or Deputy Director" substitute "Director, Deputy Director or Convenor".

12Costs

In section 82 of the Principal Act, for "Director or Deputy Director" substitute "Director, Deputy Director or Convenor".

13Repeal of amending Act

This Act is repealed on 15 March 2009.

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: 22 November 2007

Legislative Council: 28 February 2008

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 consequential on the Classification (Publications, Films and Computer Games) Amendment Act 2007 of the Commonwealth and for other purposes."