Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT
AMENDMENT BILL 2015
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
3. Principal Act
4. Section 14 amended (Conditions applying to category 1
restricted publications)
5. Section 15 amended (Conditions applying to category 2
restricted publications)
6. Section 19 amended (Offences in relation to misleading or
deceptive markings)
7. Section 35 amended (Film sold or delivered is to bear
determined markings and consumer advice)
8. Section 51 amended (Computer game sold or delivered is to bear
determined markings and consumer advice)
9. Section 61 amended (Misleading or deceptive advertisement not
to be published)
10. Section 63 amended (Certain advertisements to contain
determined markings and consumer advice)
[Bill 4]-VI
PART 3 - CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT ACT 1995
FURTHER AMENDED
11. Principal Act
12. Section 3 amended (Interpretation)
13. Section 3A amended (Application of Act)
14. Part 7 repealed
15. Section 88D inserted
88D. Transitional provisions (2015 amendments)
PART 4 - CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT ACT 1995
FURTHER FURTHER AMENDED
16. Principal Act
17. Section 20 amended (Requirements for exhibiting film in public
place)
18. Section 33 amended (Classified film not to be sold or delivered
under different title or in altered form)
19. Section 49 substituted
49. Requirements for selling, &c., computer game in
public place
PART 5 - LEGISLATION RESCINDED
20. Legislation rescinded
PART 6 - MISCELLANEOUS
21. Repeal of Act
SCHEDULE 1 - LEGISLATION RESCINDED
2
CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT
AMENDMENT BILL 2015
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
S. G. DONNELLY, Clerk of the House
19 March 2015
(Brought in by the Minister for Information Technology and
Innovation, the Honourable Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Classification (Publications, Films and
Computer Games) Enforcement Act 1995 and to rescind
related subordinate legislation
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Classification
(Publications, Films and Computer Games)
Enforcement Amendment Act 2015.
[Bill 4] 3
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
(1) Section 1 and Part 2 and this section commence
on the day on which this Act receives the Royal
Assent.
(2) Parts 3 and 5 commence -
(a) on the day on which Part 3 of Schedule 3
to the Classification (Publications, Films
and Computer Games) Amendment
(Classification Tools and Other
Measures) Act 2014 of the
Commonwealth commences; or
(b) if that Part has commenced before this
Act receives the Royal Assent, on Royal
Assent.
(3) Part 4 commences -
(a) on the day on which Schedule 4 to the
Classification (Publications, Films and
Computer Games) Amendment
(Classification Tools and Other
Measures) Act 2014 of the
Commonwealth commences; or
(b) if that Schedule has commenced before
this Act receives the Royal Assent, on
Royal Assent.
4
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
Part 2 - Classification (Publications, Films and Computer Games) s. 3
Enforcement Act 1995 Amended
PART 2 - CLASSIFICATION (PUBLICATIONS, FILMS
AND COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
3. Principal Act
In this Part, the Classification (Publications,
Films and Computer Games) Enforcement Act
1995* is referred to as the Principal Act.
4. Section 14 amended (Conditions applying to
category 1 restricted publications)
Section 14(1A) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (a) "section
39 or 97A" and substituting "section
22CH(4), 39 or 97A";
(b) by omitting from paragraph (b) "section
22B(3)" and substituting "section 22B(3)
or 22CH(1)".
5. Section 15 amended (Conditions applying to
category 2 restricted publications)
Section 15(2) of the Principal Act is amended as
follows:
*No. 105 of 1995
5
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
s. 6 Part 2 - Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Amended
(a) by omitting from paragraph (a) "section
39 or 97A" and substituting "section
22CH(4), 39 or 97A";
(b) by omitting from paragraph (b) "section
22B(3)" and substituting "section 22B(3)
or 22CH(1)".
6. Section 19 amended (Offences in relation to
misleading or deceptive markings)
Section 19(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "section
39 or 97A" and substituting "section
22CH(4), 39 or 97A";
(b) by omitting from paragraph (b) "section
22B(3)" and substituting "section 22B(3)
or 22CH(1)".
7. Section 35 amended (Film sold or delivered is to
bear determined markings and consumer advice)
Section 35(4) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "section
39 or 97A" and substituting "section
22CH(4), 39 or 97A";
6
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
Part 2 - Classification (Publications, Films and Computer Games) s. 8
Enforcement Act 1995 Amended
(b) by omitting from paragraph (b) "section
22B(3)" and substituting "section 22B(3)
or 22CH(1)".
8. Section 51 amended (Computer game sold or
delivered is to bear determined markings and
consumer advice)
Section 51(4) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "section
39" and substituting "section 22CH(4) or
39";
(b) by omitting from paragraph (b) "section
22B(3)" and substituting "section 22B(3)
or 22CH(1)".
9. Section 61 amended (Misleading or deceptive
advertisement not to be published)
Section 61(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "section
39 or 97A" and substituting "section
22CH(4), 39 or 97A";
(b) by omitting from paragraph (b) "section
22B(3)" and substituting "section 22B(3)
or 22CH(1)".
7
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
s. 10 Part 2 - Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Amended
10. Section 63 amended (Certain advertisements to
contain determined markings and consumer advice)
Section 63(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "section
39 or 97A" and substituting "section
22CH(4), 39 or 97A";
(b) by omitting from paragraph (b) "section
22B(3)" and substituting "section 22B(3)
or 22CH(1)".
8
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
Part 3 - Classification (Publications, Films and Computer Games) s. 11
Enforcement Act 1995 Further Amended
PART 3 - CLASSIFICATION (PUBLICATIONS, FILMS
AND COMPUTER GAMES) ENFORCEMENT ACT 1995
FURTHER AMENDED
11. Principal Act
In this Part, the Classification (Publications,
Films and Computer Games) Enforcement Act
1995* is referred to as the Principal Act.
12. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after the definition of sell the following
definition:
subject to a conditional cultural exemption
has the same meaning as in the
Commonwealth Act;
13. Section 3A amended (Application of Act)
Section 3A of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) a publication, film or computer game that
is subject to a conditional cultural
exemption; or
*No. 105 of 1995
9
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
s. 14 Part 3 - Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Further Amended
14. Part 7 repealed
Part 7 of the Principal Act is repealed.
15. Section 88D inserted
After section 88C of the Principal Act, the
following section is inserted in Division 2:
88D. Transitional provisions (2015 amendments)
(1) An exemption under Part 7 of this Act,
that was in force immediately before the
commencement of Part 3 of the
Classification (Publications, Films and
Computer Games) Enforcement
Amendment Act 2015, is taken to remain
in force according to its terms after the
commencement of that Part and that Part
is taken to remain in effect in respect of
that exemption while the exemption
remains in force.
(2) If -
(a) a person made an application to
the Minister, or Director, under
Part 7 of this Act as in force
immediately before the
commencement of Part 3 of the
Classification (Publications,
Films and Computer Games)
Enforcement Amendment Act
2015; and
10
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
Part 3 - Classification (Publications, Films and Computer Games) s. 15
Enforcement Act 1995 Further Amended
(b) the Minister or Director has not,
before the commencement of Part
3 of that Act, made a decision in
relation to the application -
the application is taken never to have
been made and any fee paid in respect of
the application must be refunded to the
person who made the application.
11
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
s. 16 Part 4 - Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Further Further Amended
PART 4 - CLASSIFICATION (PUBLICATIONS, FILMS
AND COMPUTER GAMES) ENFORCEMENT ACT 1995
FURTHER FURTHER AMENDED
16. Principal Act
In this Part, the Classification (Publications,
Films and Computer Games) Enforcement Act
1995* is referred to as the Principal Act.
17. Section 20 amended (Requirements for exhibiting
film in public place)
Section 20(2)(b) of the Principal Act is amended
by omitting "section 21(2)" and substituting
"section 20A, 21(2) or 21(3)".
18. Section 33 amended (Classified film not to be sold
or delivered under different title or in altered form)
Section 33(2)(b) of the Principal Act is amended
by omitting "section 21(2)" and substituting
"section 20A, 21(2) or 21(3)".
19. Section 49 substituted
Section 49 of the Principal Act is repealed and
the following section is substituted:
*No. 105 of 1995
12
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
Part 4 - Classification (Publications, Films and Computer Games) s. 19
Enforcement Act 1995 Further Further Amended
49. Requirements for selling, &c., computer
game in public place
(1) A person must not sell, deliver or
demonstrate a computer game in a public
place unless the computer game -
(a) is classified; and
(b) is sold, delivered or demonstrated
under the same title as that under
which it is classified; and
(c) is sold, delivered or demonstrated
in the form, without alteration or
addition, in which it is classified.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(2) Subsection (1) is not contravened by
reason only that the computer game that
is, or is to be, sold, delivered or
demonstrated has a modification referred
to in section 20A, 21(2) or 21(3) of the
Commonwealth Act.
13
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
s. 20 Part 5 - Legislation rescinded
PART 5 - LEGISLATION RESCINDED
20. Legislation rescinded
The legislation specified in Schedule 1 is
rescinded.
14
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
Part 6 - Miscellaneous s. 21
PART 6 - MISCELLANEOUS
21. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
15
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2015
Act No. of
sch. 1
SCHEDULE 1 - LEGISLATION RESCINDED
Section 20
Classification (Publications, Films and Computer Games)
Enforcement Regulations 2006 (No. 69 of 2006)
16 Government Printer, Tasmania