AustLII Tasmanian Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SECT 3

Interpretation

In this Act, unless the contrary intention appears –
acceptable proof of age , in relation to a person, means documentary evidence that might reasonably be accepted as applying to the person as showing that the person is an adult;
adult means a person who is 18 or older;
advertisement has the same meaning as in the Commonwealth Act;
Advertising Scheme means the scheme determined from time to time under section 31 of the Commonwealth Act;
approved advertisement means an advertisement approved under section 29 of the Commonwealth Act ;
approved form means a form approved under section 8A of the Commonwealth Act;
bestiality means sexual activity of any kind between a human being and an animal;
Board means the Classification Board established by the Commonwealth Act;
business day means a day other than –
(a) a Saturday or Sunday; or
(b) a statutory holiday as defined in the Statutory Holidays Act 2000 ;
buy means buy or exchange or hire and includes offer to buy or exchange or hire, agree to buy, exchange or hire and cause or permit to be bought or exchanged or hired, whether by retail or wholesale;
classification certificate means a certificate issued under section 25 of the Commonwealth Act;
classified means classified under the Commonwealth Act, including reclassified under that Act;
Code means the National Classification Code, set out in the Schedule to the Commonwealth Act as originally enacted, as amended in accordance with section 6 of the Commonwealth Act ;
Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth;
Commonwealth Gazette means the Commonwealth of Australia Gazette;
computer game has the same meaning as in the Commonwealth Act;
consumer advice means consumer advice given under section 20 of the Commonwealth Act ;
contentious material , in relation to a computer game, means material that would be likely to cause it to be classified M, MA 15+, R 18+ or RC;
Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act;
demonstrate includes exhibit, display, screen, play or make available for playing;
Deputy Director means Deputy Director of the Board;
determined markings means markings determined under section 8 of the Commonwealth Act ;
Director means Director of the Board;
exempt computer game has the same meaning as in the Commonwealth Act;
exempt film has the same meaning as in the Commonwealth Act;
exhibit  –
(a) in relation to a film, means project or screen; and
(b) in relation to a publication, includes display;
film has the same meaning as in the Commonwealth Act;
guardian means an adult who is exercising parental control over a minor under 15;
international flight , in relation to an aircraft, means a flight that passes through the airspace over the territory of more than one country and includes any part of the flight that may occur within Australia;
international voyage , in relation to a vessel, means a voyage, whether direct or indirect, between a place in Australia and a place outside Australia and includes any part of the voyage that may occur within Australia;
minor means a person under 18 who is not married;
notice means notice in writing;
objectionable publication means a publication that –
(a) describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a manner that is likely to cause offence to a reasonable adult; or
(b)
(c) describes, depicts, expresses or otherwise deals with an act of bestiality; or
(d) promotes, incites or encourages terrorism; or
(e) is classified RC or would, if classified, be classified RC;
parent includes guardian;
place includes premises or vacant land;
premises includes vehicle, vessel and aircraft except a vessel on an international voyage or an aircraft on an international flight;
privately means not in a public place;
public place means any place which the public is entitled to use, or which is open to or used by the public, whether on payment of money or otherwise;
publication has the same meaning as in the Commonwealth Act;
publish includes sell, exhibit, display, distribute and demonstrate;
relevant consumer advice means advice determined under section 20 of the Commonwealth Act ;
reproduce , in relation to a publication, means to reproduce that publication by means of printing, photographing or recording or by any other means;
responsible person means, in respect of a business carried on, in or on any premises, each of the following:
(a) the person carrying on the business;
(b) any person apparently having the management or charge of the business either generally or so far as it is carried on in or on those premises;
Review Board means the Classification Review Board established by the Commonwealth Act;
Review Committee means the Review Committee established by the Minister under section 41A ;
sell means sell, whether by wholesale or retail, and includes the following:
(a) offer or expose for sale;
(b) keep or have in possession for sale or to let on hire;
(c) barter or exchange;
(d) let on hire or offer to let on hire;
(e) deal in or agree to sell;
(f) send, forward or deliver for, or in consideration of receiving, any payment or other consideration;
(g) receive for sale or on sale;
subject to a conditional cultural exemption has the same meaning as in the Commonwealth Act;
submittable publication has the same meaning as in the Commonwealth Act and includes a publication called in by the Minister or Director under section 64 ;
terrorism has the meaning assigned to that expression by the Australian Security Intelligence Organization Act 1979 of the Commonwealth;
vehicle has the meaning assigned to that expression by the Traffic Act 1925 .



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