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TASMANIA
__________
CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT
AMENDMENT BILL 2012
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 14 amended (Conditions applying to category 1
restricted publications)
6. Section 15 amended (Conditions applying to category 2
restricted publications)
7. Section 16 amended (Offences in relation to category 1 and 2
restricted publications)
8. Section 17 amended (Offences in relation to unclassified
objectionable publications)
9. Section 37 amended (R 18+ film not to be sold or delivered to
minor)
10. Section 53 amended (RC, R 18+ or MA 15+ computer game not
to be demonstrated in public place)
11. Section 54 amended (RC or R 18+ computer game not to be
demonstrated privately in presence of minor)
12. Section 54A inserted
54A. R 18+ computer games not to be sold or delivered to
minor under 18
[Bill 37]-I
13. Section 60 amended (Classified computer game not to be sold,
delivered or demonstrated with advertisement for computer
game of higher classification)
14. Section 80 amended (Matters averred to in complaint)
15. Section 82 repealed
16. Repeal of Act
2
CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT
AMENDMENT BILL 2012
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.
P. R. ALCOCK, Clerk of the House
13 November 2012
(Brought in by the Minister for Justice, the Honourable Brian
Neal Wightman)
A BILL FOR
An Act to amend the Classification (Publications, Films and
Computer Games) Enforcement Act 1995
Be it enacted by His 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:
1. Short title
This Act may be cited as the Classification
(Publications, Films and Computer Games)
Enforcement Amendment Act 2012.
2. Commencement
This Act commences on 1 January 2013.
[Bill 37] 3
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2012
Act No. of
s. 3
3. Principal Act
In this Act, the Classification (Publications,
Films and Computer Games) Enforcement Act
1995* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting ", R 18+" after "15+" in the definition
of contentious material.
5. Section 14 amended (Conditions applying to
category 1 restricted publications)
Section 14(1)(a) of the Principal Act is amended
by omitting ", other than by a parent of that
minor".
6. Section 15 amended (Conditions applying to
category 2 restricted publications)
Section 15(1)(a) of the Principal Act is amended
by omitting ", other than by a parent of that
minor".
7. Section 16 amended (Offences in relation to
category 1 and 2 restricted publications)
Section 16 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
*No. 105 of 1995
4
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2012
Act No. of
s. 8
(2) A person must not sell a publication
classified category 2 restricted to another
person knowing or having reason to
believe that that other person intends to
deliver or exhibit the publication to a
minor.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
8. Section 17 amended (Offences in relation to
unclassified objectionable publications)
Section 17(4) of the Principal Act is amended by
omitting "if that person is not the minor's
parent".
9. Section 37 amended (R 18+ film not to be sold or
delivered to minor)
Section 37(1) of the Principal Act is amended by
omitting "if the person is not the minor's
parent".
10. Section 53 amended (RC, R 18+ or MA 15+
computer game not to be demonstrated in public
place)
Section 53 of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) ", R 18+"
after "RC";
5
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2012
Act No. of
s. 11
(b) by inserting in paragraph (b) ", R 18+"
after "RC";
(c) by inserting the following paragraph after
paragraph (a) in the penalty:
(ab) in the case of a computer game
classified R 18+ - a fine not
exceeding 50 penalty units; or
11. Section 54 amended (RC or R 18+ computer game
not to be demonstrated privately in presence of
minor)
Section 54(1) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "or R 18+"
after "RC";
(b) by inserting in paragraph (b) "or R 18+"
after "RC".
12. Section 54A inserted
After section 54 of the Principal Act, the
following section is inserted in Part 4:
54A. R 18+ computer games not to be sold or
delivered to minor under 18
(1) A person must not sell or deliver a
computer game classified R18+ to a
minor under 18.
6
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2012
Act No. of
s. 13
Penalty: Fine not exceeding 20 penalty
units.
(2) It is a defence to a prosecution under
subsection (1) to prove that the
defendant, or the defendant's employee
or agent believed, on reasonable grounds
that the minor was 18 years or older.
13. Section 60 amended (Classified computer game not
to be sold, delivered or demonstrated with
advertisement for computer game of higher
classification)
Section 60 of the Principal Act is amended by
inserting after item 4 in the table the following
item:
5. R 18+ R 18+, MA 15+, M,
PG or G
14. Section 80 amended (Matters averred to in
complaint)
Section 80(2) of the Principal Act is amended by
omitting "minor or a minor under 15" twice
occurring and substituting "minor, a minor under
15 or a minor under 18".
15. Section 82 repealed
Section 82 of the Principal Act is repealed.
7
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2012
Act No. of
s. 16
16. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
8 Government Printer, Tasmania