Australian Capital Territory
Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009
A2009-3
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Dictionary, note 2	2
	5	Dictionary, definition of computer game	2
Schedule 1	Amendments consequential on the Classification (Publications, Films and Computer Games) Amendment Act 2007 (Cwlth)	3
Schedule 2	Amendments consequential on the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 (Cwlth)	7

Australian Capital Territory
Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009
A2009-3

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

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009.
2	Commencement
	(1)	This Act (other than schedule 2) commences on the day after its notification day.
Note 	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	Schedule 2 commences on the later of—
	(a)	the day after this Act’s notification day; and
	(b)	the commencement of the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 (Cwlth), schedule 1.
3	Legislation amended
This Act amends the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995.
4	Dictionary, note 2
insert
·	under
5	Dictionary, definition of computer game
substitute
computer game—see the Commonwealth Act, section 5A (Meaning of computer game).

Schedule 1	Amendments consequential on the Classification (Publications, Films and Computer Games) Amendment Act 2007 (Cwlth)
(see s 3)
[1.1]	New section 5A 
insert
5A	Films consisting only of classified films
	(1)	This section applies to a film that—
	(a)	is on 1 device; and
	(b)	consists only of 2 or more classified films.
	(2)	Despite any other provision of this Act, the film is to be treated, for this Act, as if each of the classified films were on a separate device.
[1.2]	New section 7 (3)
insert
	(3)	A person does not commit an offence against subsection (2) in relation to a classified film if either or both of the following apply:
	(a)	the film—
	(i)	is exhibited under a title different from that under which it is classified; and
	(ii)	is contained on 1 device that consists only of 2 or more classified films;
	(b)	the classified film is exhibited with modifications mentioned in the Commonwealth Act, section 21 (2).
[1.3]	New section 17 (2)
insert
	(2)	A person does not commit an offence against subsection (1) in relation to a classified film if either or both of the following apply:
	(a)	the film—
	(i)	is sold under a title different from that under which it is classified; and
	(ii)	is contained on 1 device that consists only of 2 or more classified films;
	(b)	the film is sold with modifications mentioned in the Commonwealth Act, section 21 (2).
[1.4]	Section 19 (4) (b)
omit
, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item)
[1.5]	Section 44 (7) (b)
omit
, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item)
[1.6]	Section 53B (1) (b) (ii)
omit
decided by the director
substitute
determined
[1.7]	Section 53B (3) (b)
omit
, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item)
[1.8]	Section 56 (1)
substitute
	(1)	The Minister or director may, on application, by notice, exempt an organisation approved under section 57—
	(a)	in relation to the exhibition of a film at an event that is specified in the notice from the provisions of this Act specified in the notice; or
	(b)	in relation to all or any of the organisation’s activities or functions that relate to films or computer games.
[1.9]	New section 57 (2A)
insert
	(2A)	An organisation may be approved for section 56 (1) (b) only if the organisation—
	(a)	is established under an Act; and 
	(b)	carries on activities of an educational, cultural or artistic nature.
[1.10]	Section 57 (6)
omit
subsection (3)
substitute
subsection (2A) or (3)
[1.11]	Section 63 (1)
omit
or deputy director
substitute
, deputy director or convenor
[1.12]	Dictionary, definition of approved form
substitute
approved form means a form approved under the Commonwealth Act, section 8A.
[1.13]	Dictionary, new definition of convenor
insert
convenor means the Convenor of the Review Board appointed under the Commonwealth Act, section 74. 

Schedule 2	Amendments consequential on the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 (Cwlth)
(see s 3)
[2.1]	Section 50 (1)
substitute
	(1)	A person commits an offence if the person publishes an advertisement for an unclassified film otherwise than in accordance with the advertising scheme or a transitional Commonwealth regulation.
Maximum penalty:  50 penalty units.
[2.2]	Section 50 (2) (d)
omit
[2.3]	New section 50 (2A)
insert
	(2A)	A person commits an offence if the person publishes an advertisement for an unclassified computer game otherwise than in accordance with the advertising scheme.
Maximum penalty:  30 penalty units.
[2.4]	New section 50 (5)
insert
	(5)	In this section:
transitional Commonwealth regulation means a regulation under the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 (Cwlth), schedule 1, item 13.
Note	Item 13 allows for transitional regulations in relation to the advertising of unclassified films that had been granted a certificate of exemption by the board under the Commonwealth Act, s 33 as in force before the commencement of item 13.
[2.5]	New section 51 (1A)
insert
	(1A)	A person commits an offence if—
	(a)	the person screens an advertisement for an unclassified film in a public place; and
	(b)	the advertisement does not comply with the advertising scheme.
Maximum penalty:  50 penalty units.
[2.6]	New section 53 (1A)
insert
	(1A)	A person commits an offence if—
	(a)	the person sells a classified film (the feature film); and
	(b)	the feature film is accompanied by an advertisement for an unclassified film; and
	(c)	the advertisement does not comply with the advertising scheme.
Maximum penalty:  50 penalty units.
[2.7]	New section 53A (1A)
insert
	(1A)	A person commits an offence if—
	(a)	the person sells or demonstrates a classified computer game (the main game) in a public place; and
	(b)	the main game is accompanied by an advertisement for an unclassified computer game; and
	(c)	the advertisement does not comply with the advertising scheme.
Maximum penalty:  50 penalty units.
[2.8]	Dictionary, new definition of advertising scheme
insert
advertising scheme means the scheme determined from time to time under the Commonwealth Act, section 31 (1).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 11 December 2008.
2	Notification
	Notified under the Legislation Act on 18 February 2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Classification (Publications, Films and Computer Games) (Enforcement) Amendment Bill 2009, which originated in the Legislative Assembly as the Classification (Publications, Films and Computer Games) (Enforcement) Amendment Bill 2008 (No 2) and was passed by the Assembly on 12 February 2009. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2009