CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT BILL 2008 Explanatory Statement

Northern Territory Explanatory Statements

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CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT BILL 2008

Classification of Publications Films and Computer Games Amdt Bill 2008_ES - Serial 1
11-9-08

2008

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT BILL 2008

SERIAL NO. 1

EXPLANATORY STATEMENT

GENERAL OUTLINE

The Classification of Publications, Films and Computer Games Amendment Bill 2008:

(a) provides for amendments consequential to the enactment by the Commonwealth of the Classification (Publications, Films and Computer Games) Amendment Act 2007 namely:
(i) change reference to “National Director” in section 50ZPB

(now section 95) to “Convenor”;

(ii) includes a reference to the convenor in section 64

(now section 115);

(iii) provide for the status of film compilations and narrative additions (so that such matters do not necessarily lead to a need for the film to be reclassified);
(b) provides for amendments consequential to the proposed enactment by the Commonwealth of the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Bill 2008 namely:
(i) for the recognition of “Advertising schemes” in place under the Commonwealth’s Classification (Publications, Films and Computer Games) Act (“the Commonwealth Act”);
(ii) that the prohibitions against advertising unclassified publications, films and computer games do not apply if such advertising complies with an Advertising Scheme in place under the proposed provisions of the Commonwealth Act;
(c) amends sections 50, 50H and 50T (now numbered 50, 61 and 71) so as to remove the defences that permitted parents and guardians to show their children pornographic materials;
(d) inserts new section 116 which provides for evidential status for various statements of fact contained in prosecution materials;
(e) the re-drafting of the all of the offence provisions of the Classification Publications, Films and Computer Games Act
(“the Act”) so that they conform to the principles of criminal responsibility contained in Part IIAA of the Criminal Code;

(f) the removal of all of the references to corporate penalties from all of the offences. Section 35DB of the Interpretation Act will now apply to such offences so the maximum penalty for a corporate offender is 5 times the maximum penalty specified for the offence;
(g) omits and replaces the exemptions provisions and amends the regulation making power so that exemptions can be made by regulation (in addition to exemptions that may be granted by the Minister or by the National Director under the Commonwealth Act);
(h) the re-numbering of all of the Parts and all of the provisions from section 35 of the Act; and
(i) a consequential amendment to the Criminal Code (arising from the re-numbering of Part X).

NOTES ON CLAUSES

Part 1 – Preliminary matters

1. Short title
This is a formal clause which provides for the citation of the Bill.

The Bill when passed may be cited as the Classification of Publications, Films and Computer Games Amendment Act 2008.

2. Commencement
This clause, read with the Interpretation Act, provides that the Act is to commence on the day or days determined by the Administrator.

Part 2 – Amendment of Classification of Publications, Films and

Computer Games Act

3. Act amended
This Bill amends the Classification of Publications, Films and Computer Games Act.

4. Amendment of section 3 (Definitions)
This clause amends section 3 by:

(1) removing and replacing the definitions for “approved form”, “court” and “exhibit”;
(2) replacing “minor” with “child”;
(3) inserting additional definitions of “Advertising Scheme”, “Convenor”, “private place”, “possession” and “prescribed business”; and
(4) making an amendment to the definition of “submittable publication” consequent to the re-numbering of section 50ZM.
5. New sections 3B
This clause inserts new section 3B.

3AA. Films consisting only of classified films

This section provides that for the purposes of the Act a film is a separate film despite the fact that it may be on the same device as another film. See new sections 35(3) and 45(3), for examples of where this definition is used.

This amendment is consequential to section 14A of the Commonwealth Act. Section 14A (as enacted in 2007) clarified that when several previously classified firms are brought together for distribution as a single package, the product does not required classification simply because of the fact of compilation. Section 14A recognises that new technology means there is an increased capacity to put a number of already classified films on a single storage device.

6. New section 4AA
This clause inserts new section 4AA.

4AA. Application of Criminal Code

This section applies Part IIAA (principles of criminal responsibility) of the Criminal Code to offences contained in the Act. These new provisions replace the operation of Part II of the Criminal Code.

7. Repeal and substitution of Parts IV to VI
This clause repeals Parts IV to VI (sections 35-50W) and replaces them with new Parts 3-5 (sections 35-74).

Part 4 Films

Division 1 Exhibition of films

35 Exhibition of films in public place

This section replaces current section 35. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the exhibition of unclassified films in public places or the exhibition of films under titles or forms that differ from those in respect the film was classified.

Section 35(3) also changes the law by permitting exhibition of films as part of a compilation of films or with modifications approved under section 21 of the Commonwealth Act (as amended by the Classification (Publications, Films and Computer Games) Amendment Act 2007).

Section 21 of the Commonwealth Act provides that the following modifications do not lead to a need for re-classification:

· including or removing an advertisement, other than an advertisement to which section 22 of the Commonwealth Act applies;
· for an imported film or computer game that was in a form where it could not be modified and has subsequently been converted into a form that can be modified removing from the film or game certain specified advertising material;
· for a classified film – the addition or removal of navigation functions;
· for a classified film – the addition or removal of material which provides a description or translation of the audio or visual content if the film and would be likely to cause the film to be given a higher classification.
36 Display of notice about classifications

This section replaces current section 36. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the exhibition of films in public places unless an approved form is displayed in such a way as to be visible to the public. The offence is one of strict liability with the maximum penalty being 20 penalty units ($2200).

37 Exhibition of RC and X 18+ films

This section replaces current section 37. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the exhibition of a refused classification film in a public place or the exhibition of an X 18+ film in a public place that is not a restricted publications area. One of the purposes of this provision is to ensure that X 18+ films cannot be screened in cinemas that are ordinarily open to the public.

38 Exhibition of unclassified, RC and X 18+ films

This section replaces current section 38. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the exhibition of RC films or X 18+ films or unclassified films (that. If classified, would be classified RC films or X 18+) in public places. One of the purposes of this provision is to ensure that X 18+ films cannot be screened in cinemas that are ordinarily open to the public.

39 Exhibition of R 18+ and MA 15+ films

This section replaces current section 39. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section provides that the Minister may prohibit the showing of R 18+ and MA 15+ films in drive in theatres or in places that can be seen into by persons located outside of the place of exhibition.

It is an offence to exhibit a film in breach of a notice under this section. The maximum penalty for breach ranges from 100 penalty units ($11,000)/ 2 years imprisonment for individuals to 1000 penalty units ($110,000) for corporations.

40 Attendance of child at certain films – offence by parents and guardians

This section replaces current section 40. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits a parent or guardian of a person aged under 18 years from permitting such a person attending the exhibition in a public place of unclassified films or films classified as RC, X 18+ or R 18+.

41 Attendance of child at certain films – offence by child

This section replaces current section 41. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits persons aged 15 or over but under 18 years from attending the exhibition of RC, X 18+ or R 18+ films in a public place.

42 Private exhibition of certain films in presence of child

This section replaces current section 42. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the exhibition of RC, X 18+ or R 18+ films and unclassified films in a private place if a person under 18 years of age is present during any part of the exhibition.

43 Attendance of child at R 18+ films – offence by exhibitor

This section replaces current section 43. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence for the exhibitor of a film to exhibit an R 18+ film in a public place if a person under 18 years of age is present during any part of the exhibition.

44 Attendance at child at MA 15+ films – offence by exhibitor

This section replaces current section 44. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence for the exhibitor of a film to exhibit an MA 15+ film in a public place if a person under 15 years of age is present during any part of the exhibition and is not accompanied by a parent or guardian.

Division 2 Sale of films

45 Sale of films

This section replaces current section 45. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the sale of unclassified films or the sale of films under titles or forms that differ from those in respect the film was classified.

Section 45(3) also changes the law by permitting the sale of films as part of a compilation of films or with modifications mentioned in under section 21 of the Commonwealth’s Classification (Publications, Films and Computer Games) Act 1995 (as amended by the Classification (Publications, Films and Computer Games) Amendment Act 2007).

This provision is required in order to ensure that the prohibition in section 45 does not apply to films subject to section 14A of the Commonwealth Act or section 21(2) of the Commonwealth Act.

46 Display of notice about classifications

This section replaces current section 46. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the sale of films unless there is a classification notice that is clearly visible to the public.

47 Film must display determined markings and consumer advice

This section replaces current section 47. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the sale of films unless the container, wrapping or casing contains the relevant markings and any relevant consumer advice.

48 Possession of unclassified or RC films and other films at certain premises

This section replaces current section 48. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the possession of RC films or unclassified films in places where classified films are sold.

49 Display of X 18+ films for sale

This section replaces current section 49. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the display or sale of X 18+ films except in restricted publications areas.

50 Sale or delivery of certain films to child

This section replaces current section 50. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the sale of RC, X 18+ and R 18+ classified films and certain unclassified films to persons aged under 18 years.

The section differs from current section 50 in so far as it no longer contains a defence for parents and guardians of persons aged under 18 years who deliver X 18+ films to such children

Division 3 Miscellaneous matters

51 Power to demand particulars and expel persons

This section replaces current section 50A. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section gives police officers and certain other persons

(exhibiters, sellers or delivery persons) the right to require other persons to state name, age and address if the exhibition, sale or delivery of a film would be in breach of Part 3.

52 Leaving films in certain places

This section replaces current section 50B. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits a person leaving in a public place or in a private place (without permission of the occupier) a film classified as RC, R 18+, X 18+ and unclassified films.

53 Possession of films with intent to publish

This section replaces current section 50C. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits a person possessing an RC or unclassified film if the person intends to sell or exhibit the film.

Part 5 Publications

54 Sale or delivery of submittable or RC publications

This section replaces current section 50D. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to sell of deliver submittable publications or publications classified RC.

55 Sale or delivery of Category 1 restricted publications

This section replaces current section 50E. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the sale or delivery of category 1 restricted publications unless in opaque materials and having the determined markings

56 Sale or delivery of Category 2 restricted publications

This section replaces current section 50F. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the sale or delivery of category 2 restricted publications unless this occurs in a restricted publications area. It also prohibits the delivery of such publications to a person who has not made a direct request. Such publications must not be displayed unless contained in opaque packaging which bears the determined markings.

57 Sale or delivery of publications contrary to conditions

This section replaces current section 50FA. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the sale of unrestricted publications or category 1 restricted publications in breach of any condition imposed under section 13 of the Commonwealth Act.

58 Consumer advice for unrestricted publications

This section replaces current section 50FB. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the sale of unrestricted publications in breach of any consumer advice that may apply to them

59 Misleading or deceptive markings

This section replaces current section 50G. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the sale of an unclassified publication if it has markings suggesting that it has been classified.

60 Sale of certain publications to a child

This section replaces current section 50H. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the sale or delivery to a person under aged under 18 years of category 1 or category 2 restricted publications.

The section differs from current section 50H in so far as it no longer contains a defence for parents and guardians of persons aged under 18 years who deliver category 1 or category 2 restricted publications to such children

61 Leaving or displaying publications in certain places

This section replaces current section 50I. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section creates various offences for leaving submittable publications, category 1 publications and category 2 restricted publications in public places.

62 Possession or copying of publications

This section replaces current section 50J. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to possess, with intention to sell, a submittable publication or an RC publication. The section deems a person to have such an intention if the possessor has 10 or more copies.

Part 6 Computer games

63 Sale or demonstration of unclassified computer games

This section replaces current section 50K. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to sell or demonstrate an unclassified computer game in a public place.

Display of notice about classifications

This section replaces current section 50L. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to sell or demonstrate a computer game in a public place unless an appropriate notice, visible to the public, is displayed.

65 Sale or demonstration of unclassified and RC computer games

This section replaces current section 50M. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to sell or demonstrate a computer game in a public place if the game is classified RC or, if unclassified, would be classified as RC.

66 Demonstration of MA 15+ computer games

This section replaces current section 50N. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to sell or demonstrate an MA 15+ game in a public place unless the place is restricted to adults or children in the care of parents or guardians whilst in that place.

67 Demonstration of unclassified, RC and MA 15+ computer games

This section replaces current section 50P. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to demonstrate in a public place or so that it can be seen from a public place a game that is classified RC or MA 15+ or an unclassified one that would, if classified, be RC or MA 15+.

68 Private demonstration of RC computer games in presence of child

This section replaces current section 50Q. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to demonstrate in a private place, in the presence of a person aged under 18 years, a game that is classified RC or an unclassified film that would, if classified, be classified RC

69 Computer game must display determined markings and consumer advice

This section replaces current section 50R. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to sell a game unless its wrapping or casing contains the relevant determined markings and consumer advice.

70 Possession of unclassified or RC computer games with other computer games at certain premises

This section replaces current section 50S. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to possess an unclassified or RC game at premises where classified games are demonstrated or sold.

71 Sale or delivery of certain computer games to child

This section replaces current section 50T. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to sell or deliver to a person aged under 18 years a game that is RC or, if unclassified, that would be classified RC. The section differs from current section 50T in so far as it no longer contains a defence for parents and guardians of persons aged under 18 years who deliver RC computer games to such children.

72 Power to demand particulars and expel persons

This section replaces current section 50U. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section gives police officers and demonstrators of games the right to require other persons to state name, age and address if the exhibition, sale or delivery of a computer game would be in breach of Part 6

73 Leaving computer games in certain places

This section replaces current section 50V. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to leave in a public place a game that is classified RC or MA 15+ or, if unclassified, would be classified as RC or MA 15+. Similarly, it is an offence to leave such a game in a private place without the permission of the occupier.

74 Possession or copying of computer games

This section replaces current section 50W. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to possess, with intention to sell, an unclassified game or an RC game. The section deems a person to have such an intention if the possessor has 10 or more copies.

8. Amendment of section 50X (definition)
This clause re-numbers section 50X as section 75 and makes amendments consequential to the re-numbering of section 50Y (now section 76).

9. Amendment of section 50Y (Codes of practice)
These sections are re-numbered as sections 75 and 76.

10. Repeal and substitution of sections 50Z and 50ZA
This clause repeals and replaces sections 50Z and 50ZA.

77 Objectionable material

This section replaces current section 50Z. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to use a computer service for sending or receiving objectionable material

78 Restricted material – offences

This section replaces current section 50ZA. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to use a computer service to make “restricted material” available to persons aged under 18 years.

11. Repeal and substitution of Part VIII
This clause repeals Part VIII (sections 50ZB-ZL) and replaces it with Part 8 (sections 79-89).

Part 8 Control of advertising

79 Hierarchy of classification

The section sets out a hierarchy of classifications for the purposes of Part 8.

80 Certain advertisements not to be published

This section replaces current section 50ZB. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to publish advertisements that either are not approved under the Commonwealth Act or would be refused approval under that Act.

81 Certain films, publications and computer games not to be advertised

This section replaces current section 50ZC. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits an advertisement for an unclassified film unless it accords with the Advertising Scheme in place under the Commonwealth Act (as proposed to be amended by the Commonwealth’s Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Bill 2008. The section also prohibits advertising of other materials that cannot be legally sold.

82 Advertisements with films

This section replaces current section 50ZD. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits advertisements of films in public places (such as cinemas) unless the film being advertised has the same or lower rating to the main feature. The section also prohibits advertising that does not comply with the Advertising Code as proposed in the Commonwealth’s Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Bill 2008.

83 Advertisements with computer films

This section replaces current section 50ZG. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits advertisements of computer in public places unless the computer game being advertised has the same or lower rating any computer game that may be being sold or demonstrated.

The section also prohibits advertising that does not comply with the Advertising Code as proposed in the Commonwealth’s Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Bill 2008.

84 Liability of occupier for certain advertisements

This section replaces current section 50ZE. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the screening in a public place of advertisements for MA 15,+, X 18+ or R 18+ films.

85 Advertisements to contain determined markings and consumer advice

This section replaces current section 50ZF. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence for classified films and computer games to be advertised except where the determined markings and the consumer advice are provided in an appropriate way (as spelt out in section 85(1)).

86 Misleading or deceptive advertisements

The section makes it an offence to publish an advertisement for unclassified materials if the advertising suggests that the materials are classified. Similarly, it is an offence to advertise in such a way as to suggest that the classified materials have a different classification to their actual classification.

87 Advertisements for category 2 restricted publications

This section replaces current section 50ZH. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to advertise category 2 restricted publications in a publication that is not classified as category 2 restricted publication (unless the advertisement is published in a restricted publications area).

88 Advertisements and X 18+ films

This section replaces current section 50ZI. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence for a person to sell an X 18+ film to a person following the seller advertising the film as being an R 18+ film.

It is also an offence for advertisements for X 18+ films to explicitly depict or describe sexual acts or fetishes.

89 Classification symbols and determined markings to be published with advertisements

This section replaces current section 50ZJ. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence for a publisher to not include in a publication advertising films, publications or computer games a list of the classification symbols and the determined markings.

12. Amendment of section 50ZM (Calling in submittable publications for classification)
This section renumbers section 50ZM as section 90 and amends section 90(3) so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

13. Amendment of section 50ZMA (Calling in films for classification)
This section renumbers section 50ZMA as section 91 and amends section 91(3) so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

14. Amendment of section 50ZN (Calling in computer games for classification)
This section renumbers section 50ZN as section 92 and amends section 90(3) so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

15. Amendment of section 50ZP (Calling in advertisements)
This section renumbers section 50ZP as section 93 and amends section 93(3) so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

16. Amendment of section 50ZPA (calling in publications, films and computer games for reclassification)
This section renumbers section 50ZPA as section 94 and amends section 94(3) so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

17. Amendment of section 50ZPB (Obtaining copies for review)
This section renumbers section 50ZPB as section 95 and amends section 95(2) so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The amendment also omits the word “National Director” and replaces it with the word “Convenor”. This is pursuant to amendments made to the Commonwealth Act by the Classification (Publications, Films and Computer Games) Amendment Act 2007.

18. Repeal and substitution of Parts X to XII
This clause repeals Parts X, XI and XII (sections 50ZQ-56) and replaces them with new Parts 10, 11 and 12 (sections 96-105).

Part 10 Exemptions

New Part 10 replaces old Part X with the Part being drafted so as to accord with exemption schemes in place in other jurisdictions (see, for example, section 51 of the New South Wales Classification (Publications, Films and Computer Games) Act 1995.

96 Exemption of film, publication, computer game or advertisement

This section replaces current section 50ZQ. It provides that the Northern Territory Minister or the Commonwealth’s National Director may, on application, direct that a provision of the legislation does not apply to materials regulated by the Act.

97 Regulations may provide exemption

This section provides that the Regulations may also provide exemptions to persons or organisations or for films, publications, computer games or advertisements.

98 Exemption of approved organisation

This section replaces section 50ZR and provides that the Northern Territory Minister or the Commonwealth’s National Director may, on application, direct that the Act does not apply to organisations approved (under section 100) in respect of film events or the activities or functions of the organisation in respect of films or computer games.

99 Ministerial directions or guidelines

This section replaces section 50ZS. The Northern Territory Minister and the Commonwealth’s National Director are subject to any directions that the Northern Territory Minister may have issued in respect of the application of the Act. For the Northern Territory, this would be of relevance if a delegate of the Minister (under section 4A) were exercising the powers of the Minister.

100 Approval of organisation may be approved

This section replaces section 50ZT. Section 100 provides for the Northern Territory Minister and the Commonwealth’s National Director to approve organisations for the purposes of Part 10.

Part 11 Sexual articles

101 Definition

This section has been redrafted in a modern manner currently used by Parliamentary Counsel

102 Display of sexual articles

This section replaces current section 52. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits the display of sexual articles in public places

103 Advertising sexual articles

This section replaces current section 53. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section prohibits advertising in any manner any aspect of a business relating to sexual articles.

Part 12 Restricted Publications Area

104 Restricted publication area – construction and management

This section deals with the construction of restricted publications areas. This section replaces current section 55. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

105 Restricted publications areas – offences

This section replaces current section 56. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to permit a person under the age of 18 years to enter a restricted publications area.

Part 13 Production or copying of films and computer games

106 Definition

Section 106 replaces section 56A and contains definitions of “produce” and “publish”.

107 Production of films or computer games

Section 107 replaces section 56B. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to produce in the Northern Territory an RC or X 18+ film or computer game.

108 Copying of films or computer games

Section 108 replaces section 56C. The provision has been revised so the drafting of it conforms with the principles of criminal responsibility as contained in Part IIAA of the Criminal Code.

The section makes it an offence to copy for distribution insider or out of the Northern Territory an RC or X 18+ film.

19. Amendment of sections 57 and 58
This clause renumbers sections 57 and 58 as sections 109 and 110.

20. Amendment of section 59 (consent to search)
This clause renumbers section 59 as section 111 and corrects a cross reference to section 58 (now section 110).

21. Amendment of sections 60 and 62
This clause renumbers sections 60 and 62 as sections 112 and 113.

22. Repeal and substitution of section 63
Clause 22 repeals section 63 and replaces it with section 114.

114. Liability of executive officers of bodies corporate

This re-drafting reflects modern drafting practice for such offences. It provides for the circumstances where persons running corporate bodies may be guilty of offences committed by the body corporate.

23. Amendment of section 64 (Evidence)
This clause renumbers section 64 as section 115 and includes in section 115 a reference to the Convenor under the Commonwealth Act.

24. New section 116
This clause inserts section 116.

115. Statement of prosecution
Section 115 states that the contents of any information or complaint about any of the matters listed in section 115 is evidence of the matter stated.

25. Amendment of sections 64A to 71

Sections 64A to 71 are renumbered as sections 117 to125.

26. New Part 18

Part 18 – Transitional matters for Classification of Publications, Films and Computer Games Amendment Act 2008

126 Definitions

New section 126 inserts definitions of “amending Act”, “commencement date”, “new Part 10” and “old Part 10”.

127 Applications, directions and approvals made before the commencement date

New section 126 provides that applications and approvals under old Part 10 (formerly Part X) are taken to be applications and approvals for the purposes of Part 10.

27. Further amendments
This clause provides for a schedule of miscellaneous amendments.

Part 3 Criminal Code

28. Act amended
Part 3 amends the Criminal Code.

29. Amendment of section 125A (interpretation)
Clause 29 corrects a cross reference in section 125A of the

Criminal Code to Part X.

Part 4 Classification of Publications, Films and Computer Games Regulations

30. Regulations
Part 4 amends the Classification of Publications, Films and Computer Games Regulations.

31. Amendment of regulation 7 (Display of sexual articles)
Regulation 7 is amended so as to correct a cross reference to section 52(3)(a) (now section102(3)).

32. Amendment of regulation 8
Regulation 8 is amended so to correct a cross reference to section 61(2). Regulation 8 should have referred to section 64B (following amendments made in 1995) and is now being updated to refer to section 118 (being the new numbering of section 64B).

Schedule

The schedule provides for the Roman numeral numbering to be replaced with the numbering that reflects current drafting practice.

The amendment also updates a reference to Batchelor Institute.

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