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CLAUSE NOTES
CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT AMENDMENT BILL
2012
Clause 1: provides the short title for the Act
Clause 2: provides that the Act will commence on a day
to be proclaimed (will be coordinated with
Commonwealth changes which is at this stage
expected to be 1 January)
Clause 3: provides that the Principal Act, as referenced
throughout the Act, is the Classification
(Publications, Films and Computer Games)
Enforcement Act 1995.
Clause 4: amends section 53 of the Principal Act, which
presently provides that RC and MA15+ games
cannot be demonstrated in a public place, to
include R18+ computer games as material that
cannot be demonstrated in a public place, and
provides a penalty of a fine not exceeding 50
penalty units for doing so. A penalty unit is
currently $130.00.
Clause 5: amends section 54 of the Principal Act, which
currently provides that RC computer games
cannot be privately exhibited to a minor, so
that neither RC nor R18+ computer games
can be exhibited privately in the presence of
minor. This section mirrors provisions in
place for RC and R18+ films.
Clause 6: inserts a new section 54A which provides that
R18+ computer games cannot be sold or
delivered to a minor under 18 years of age.
An exception is made if the minor's parent
consents to the sale or delivery. This section
mirrors provisions in place for R18+ films.
Clause 7: amends section 60 of the Principal Act. This
will allow computer games classified as R18+
to include advertising material for games that
are classified R18+. MA15+, M, PG or G.
Clause 8: adds "a minor under 18" to the averment
clause of the Principal Act, so that if a
complaint states that a person was a minor
under 18, this is proof of that fact.
Clause 9: this section is repealed as part of the Council
of Australian Governments project to abolish
provisions deeming company directors liable in
all but the most exceptional of circumstances.
Clause 10: this is a standard clause included in all
amending legislation which provides for the
automatic repeal of this Act. The amendments
made by this Act continue despite the repeal of
this Act.