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This is a Bill, not an Act. For current law, see the Acts databases.


CENSORSHIP AMENDMENT BILL 2002

                        Western Australia


      Censorship Amendment Bill 2002

                           CONTENTS


      Part 1 -- Preliminary
1.    Short title                            2
2.    Commencement                           2
      Part 2 -- Amendments to Censorship
           Act 1996
3.    The Act amended                        3
4.    Long title amended                     3
5.    Section 3 amended                      3
6.    Section 6 replaced                     6
7.    Parts 2, 3, 4, 5 and 6 repealed        6
8.    Section 57 amended                     6
9.    Part 7 Division 2 replaced             7
10.   Section 76 amended                    14
11.   Section 78 replaced                   14
12.   Section 79 amended                    15
13.   Section 86 amended                    15
14.   Section 88 amended                    16
15.   Section 90 amended                    16
16.   Section 91 amended                    17
17.   Section 96 amended                    18
18.   Section 97 amended                    19
19.   Section 97A inserted                  20
20.   Section 98 amended                    20
21.   Section 99 amended                    21
22.   Part 7A inserted                      21
23.   Section 104 amended                   27
24.   Section 105 amended                   27
25.   Section 106 amended                   28

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                              96--2
Censorship Amendment Bill 2002



Contents



   26.     Section 107 amended                                     28
   27.     Section 108 amended                                     28
   28.     Section 109 amended                                     28
   29.     Section 110 amended                                     29
   30.     Division heading inserted                               29
   31.     Section 116 amended                                     29
   32.     Section 117 amended                                     30
   33.     Sections 117A and 117B inserted                         30
   34.     Part 9 Division 2 inserted                              34
   35.     Part 10 repealed                                        37
   36.     Section 128A inserted                                   37
   37.     Section 129 amended                                     37
   38.     Section 141 replaced by sections 141 and 141A           38
   39.     Various references to "Secretary" amended               42
   40.     Provisions repealed                                     43
   41.     Various penalties amended                               43
           Part 3 -- Other amendments,
                transitional and savings provisions
   42.     The Criminal Code amended                               46
   43.     Constitution Acts Amendment Act 1899 amended            47
   44.     Co-operative Schemes (Administrative Actions)
           Act 2001 amended                                        47
   45.     Transitional and savings provisions: publications       47
   46.     Transitional and savings provisions: films and
           advertisements                                          49
   47.     Transitional and savings provisions: computer games     49
   48.     Transitional: calling in, review and reclassification   50
   49.     Transitional: offences                                  50




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


           Censorship Amendment Bill 2002


                               A Bill for


An Act to amend the Censorship Act 1996 and for transitional
purposes.



The Parliament of Western Australia enacts as follows:




                                                               page 1
    Censorship Amendment Bill 2002
    Part 1        Preliminary

    s. 1



                             Part 1 -- Preliminary
    1.         Short title
               This Act may be cited as the Censorship Amendment Act 2002.

    2.         Commencement
5        (1)   This Act comes into operation on a day to be fixed by
               proclamation.
         (2)   Different days may be fixed under subsection (1) for different
               provisions.




    page 2
                                              Censorship Amendment Bill 2002
                              Amendments to Censorship Act 1996       Part 2

                                                                               s. 3



            Part 2 -- Amendments to Censorship Act 1996
     3.         The Act amended
                The amendments in this Part are to the Censorship Act 1996*.
                [* Act No. 40 of 1996 .]

5    4.         Long title amended
                The long title is amended by deleting "the classification of
                publications, films and computer games,".

     5.         Section 3 amended
          (1)   Section 3 is amended by deleting the definitions of "appeal
10              censor", "appropriate Gazette", "censor", "Code",
                "Committee", "Commonwealth Minister", "computer generated
                image", "decision", "interactive game", "member", "refused
                publication", "relevant Minister", "restricted publication",
                "Secretary" and "work".
15        (2)   Section 3 is amended by deleting the definitions of
                "advertisement", "classified", "computer game", "consumer
                advice", "contentious material", "determined markings", "film",
                "place", "publication" and "publish" and inserting instead --
                "
20                    "advertisement" has the same meaning as in the
                          Commonwealth Act;
                      "classified" means classified under the
                          Commonwealth Act and includes reclassified
                          under that Act;
25                    "computer game" has the same meaning as in the
                          Commonwealth Act;




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     Part 2        Amendments to Censorship Act 1996

     s. 5



                   "consumer advice" means consumer advice
                        determined under section 20 of the
                        Commonwealth Act;
                   "contentious material", in relation to a computer
5                       game, means material that would be likely to cause
                        it to be classified M(15+), MA(15+) or RC;
                   "determined markings" means markings determined
                        under section 8 of the Commonwealth Act;
                   "film" has the same meaning as in the Commonwealth
10                      Act;
                   "place" includes vacant land, premises, a vehicle, a
                        vessel and an aircraft (except a vessel on an
                        international voyage or an aircraft on an
                        international flight);
15                 "publication" has the same meaning as in the
                        Commonwealth Act;
                   "publish" includes sell, exhibit, display, distribute and
                        demonstrate;
                                                                               ".
20      (3)   Section 3 is amended by inserting in the appropriate
              alphabetical positions the following definitions --
              "
                   "approved advertisement" means an advertisement
                       approved under section 29 of the Commonwealth
25                     Act;
                   "approved form" means a form approved by the
                       Director and published in the Commonwealth
                       Gazette;
                   "Board" means the Classification Board established
30                     by the Commonwealth Act;
                   "classification certificate" means a certificate issued
                       under section 25 of the Commonwealth Act;


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                             Censorship Amendment Bill 2002
             Amendments to Censorship Act 1996       Part 2

                                                             s. 5



     "Deputy Director" means Deputy Director of the
         Classification Board appointed under section 48 of
         the Commonwealth Act;
     "Director" means Director of the Classification Board
5        appointed under section 48 of the Commonwealth
         Act;
     "exempt computer game" has the same meaning as in
         the Commonwealth Act;
     "exempt film" has the same meaning as in the
10       Commonwealth Act;
     "international flight", in relation to an aircraft, means
         a flight that passes through the air space over the
         territory of more than one country and includes
         any part of the flight that may occur within
15       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
20       within Australia;
     "Registrar" means the Censorship Registrar appointed
         under section 128A;
     "Review Board" means the Classification Review
         Board established by the Commonwealth Act;
25   "submittable publication" has the same meaning as in
         the Commonwealth Act and includes a publication
         called in by the Director under section 102A.
                                                                 ".




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     Part 2        Amendments to Censorship Act 1996

     s. 6



     6.          Section 6 replaced
                 Section 6 is repealed and the following section is inserted
                 instead --
     "
5           6.           Application of Act
                         This Act does not apply to --
                          (a) broadcasting services to which the
                                Broadcasting Services Act 1992 of the
                                Commonwealth applies; or
10                        (b) exempt films or exempt computer games.
                                                                                     ".

     7.          Parts 2, 3, 4, 5 and 6 repealed
                 Parts 2, 3, 4, 5 and 6 are repealed.

     8.          Section 57 amended
15               Section 57 is amended as follows:
                   (a) by deleting "Subject to section 15(4), this" and inserting
                        instead --
                        " This ";
                  (b) by deleting paragraph (a) and inserting instead --
20                       "
                             (a)   a publication that is classified Unrestricted,
                                   Category 1 restricted or Category 2 restricted;
                                                                                     ";
                   (c)       by deleting paragraph (d) and inserting instead --
25                           " (d)     an approved advertisement. ".




     page 6
                                              Censorship Amendment Bill 2002
                              Amendments to Censorship Act 1996       Part 2

                                                                                  s. 9



     9.         Part 7 Division 2 replaced
                Part 7 Division 2 is repealed and the following Division is
                inserted instead --
     "
5                             Division 2 -- Publications
          61.         Sale or supply of submittable or RC publications
                (1)   A person must not sell or supply --
                        (a) a submittable publication; or
                       (b) a publication classified RC.
10                    Penalty: $15 000 or imprisonment for 18 months.
                (2)   It is a defence to a prosecution for an offence against
                      subsection (1)(a) to prove that since the offence was
                      alleged to have been committed the publication has
                      been classified Unrestricted.
15              (3)   It is a defence to a prosecution for an offence against
                      subsection (1) to prove that the defendant believed on
                      reasonable grounds that the publication was not a
                      submittable publication or a publication classified RC,
                      as the case may be.

20        62.         Possession or copying of RC publications
                      A person must not possess or copy a publication
                      classified RC.
                      Penalty: $10 000.

          63.         Possession or copying of submittable publications
25                    with intention of selling
                (1)   A person must not possess or copy a submittable
                      publication with the intention of selling the publication
                      or the copy.
                      Penalty: $15 000 or imprisonment for 18 months.

                                                                              page 7
     Censorship Amendment Bill 2002
     Part 2        Amendments to Censorship Act 1996

     s. 9



                  (2)   It is a defence to a prosecution for an offence against
                        subsection (1) to prove that since the offence was
                        alleged to have been committed the publication has
                        been classified Unrestricted.
5                 (3)   In proceedings for an offence against subsection (1),
                        evidence that a person had possession of, or made, 10
                        or more copies of a submittable publication is evidence
                        that the person intended to sell the publication and, in
                        the absence of evidence to the contrary, is proof of that
10                      fact.

            64.         Category 1 restricted publications
                  (1)   A person must not display, sell or supply a publication
                        that is classified Category 1 restricted except in
                        registered premises.
15                      Penalty: $2 000.
                  (2)   A person, other than a registered person, must not
                        possess or copy a publication that is classified
                        Category 1 restricted with the intention of selling the
                        publication or copy.
20                      Penalty: $2 000.
                  (3)   In proceedings for an offence against subsection (2),
                        evidence that a person had possession of, or made, 10
                        or more copies of a publication classified Category 1
                        restricted is evidence that the person intended to sell
25                      the publication and, in the absence of evidence to the
                        contrary, is proof of that fact.
                  (4)   Subject to subsection (5), a person must not sell or
                        supply a publication classified Category 1 restricted
                        unless --
30                        (a) on supply it is contained in a wrapper made of
                               plain opaque material; and


     page 8
                                         Censorship Amendment Bill 2002
                         Amendments to Censorship Act 1996       Part 2

                                                                             s. 9



                  (b)   both the publication and the wrapper bear the
                        determined markings.
                 Penalty: $2 000.
           (5)   For the purposes of subsection (4), "plain" does not
5                include the title of the publication.
           (6)   If --
                   (a)   a publication is reclassified under section 39 or
                         97A of the Commonwealth Act; or
                  (b)    the Board revokes a classification for a
10                       publication under section 22B(3) of that Act,
                 it is sufficient compliance with subsection (4) for a
                 period of 30 days after the decision to reclassify or
                 revoke takes effect if the publication bears the
                 determined markings applicable to the publication
15               before that reclassification or revocation.

     65.         Category 2 restricted publications
           (1)   A person must not display, sell or supply a publication
                 that is classified Category 2 restricted except in
                 registered premises.
20               Penalty: $5 000.
           (2)   A person, other than a registered person, must not
                 possess or copy a publication that is classified
                 Category 2 restricted with the intention of selling the
                 publication or copy.
25               Penalty: $5 000.
           (3)   In proceedings for an offence against subsection (2),
                 evidence that a person had possession of, or made, 10
                 or more copies of a publication classified Category 2
                 restricted is evidence that the person intended to sell
30               the publication and, in the absence of evidence to the
                 contrary, is proof of that fact.

                                                                         page 9
     Censorship Amendment Bill 2002
     Part 2        Amendments to Censorship Act 1996

     s. 9



               (4)   A person must not sell or supply a publication that is
                     classified Category 2 restricted to a person unless that
                     person has made a direct request for the publication.
                     Penalty: $5 000.
5              (5)   A person must not sell or supply a publication that is
                     classified Category 2 restricted unless it is contained in
                     a package made of opaque material.
                     Penalty: $5 000.
               (6)   A person must not sell, supply or publish a publication
10                   that is classified Category 2 restricted unless both the
                     publication and the package it is contained in bear the
                     determined markings.
                     Penalty: $5 000.
               (7)   If --
15                     (a)   a publication is reclassified under section 39 or
                             97A of the Commonwealth Act; or
                      (b)    the Board revokes a classification for a
                             publication under section 22B(3) of that Act,
                     it is sufficient compliance with subsection (6) for a
20                   period of 30 days after the decision to reclassify or
                     revoke takes effect if the publication and the package
                     bear the determined markings applicable to the
                     publication before that reclassification or revocation.

            65A.     Sale or supply of publications contrary to conditions
25                   If a publication is classified Unrestricted or Category 1
                     restricted subject to a condition imposed under
                     section 13A of the Commonwealth Act, a person must
                     not sell or supply the publication except in accordance
                     with that condition.
30                   Penalty: $5 000.



     page 10
                                     Censorship Amendment Bill 2002
                     Amendments to Censorship Act 1996       Part 2

                                                                          s. 9



     65B.    Consumer advice for Unrestricted publications
             A person must not sell a publication classified
             Unrestricted in respect of which the Board has
             determined consumer advice under section 20(2) of the
5            Commonwealth Act unless the consumer advice is
             displayed on the publication or the packaging of the
             publication.
             Penalty: $2 000.

     65C.    Misleading or deceptive markings
10     (1)   A person must not publish an unclassified publication
             with a marking, or in packaging with a marking, that
             indicates or suggests that the publication has been
             classified.
             Penalty: $5 000.
15     (2)   A person must not publish a classified publication with
             a marking, or in packaging with a marking, that
             indicates or suggests that the publication is unclassified
             or has a different classification.
             Penalty: $5 000.
20     (3)   If --
               (a)   a publication is reclassified under section 39 or
                     97A of the Commonwealth Act; or
              (b)    the Board revokes a classification for a
                     publication under section 22B(3) of that Act,
25           it is sufficient compliance with this section for a period
             of 30 days after the decision to reclassify or revoke
             takes effect if the publication bears the determined
             markings applicable to the publication before that
             reclassification or revocation.




                                                                  page 11
     Censorship Amendment Bill 2002
     Part 2        Amendments to Censorship Act 1996

     s. 9



            65D.     Sale of restricted publications to minors
               (1)   A person must not sell or supply to a minor a
                     publication classified Category 2 restricted.
                     Penalty: $15 000 or imprisonment for 18 months.
5              (2)   A person must not sell or supply to a minor a
                     publication classified Category 1 restricted, unless the
                     person is a parent or guardian of the minor.
                     Penalty: $5 000.
               (3)   It is a defence to a prosecution for an offence against
10                   subsection (1) or (2) to prove that the minor produced
                     to the defendant acceptable proof of age before the
                     defendant sold or supplied the publication to the minor
                     and the defendant believed on reasonable grounds that
                     the minor was an adult.
15             (4)   It is a defence to a prosecution for an offence against
                     subsection (1) or (2) for the supply of a publication to a
                     minor, to prove that the minor was employed by the
                     person who supplied the publication and the supply
                     took place in the course of that employment.
20             (5)   A minor who is 15 years of age or older must not buy a
                     publication classified Category 1 restricted or Category
                     2 restricted, knowing that it is so classified.
                     Penalty: $200.
            65E.     Leaving publications in certain places
25             (1)   A person must not leave in a public place or display in
                     such a manner as to be visible to persons in a public
                     place --
                       (a) a submittable publication; or
                       (b) a publication classified Category 1 restricted,
30                          Category 2 restricted or RC.
                     Penalty: $10 000.

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                                   Censorship Amendment Bill 2002
                   Amendments to Censorship Act 1996       Part 2

                                                                     s. 9



     (2)   It is a defence to a prosecution for an offence against
           subsection (1) to prove that --
              (a) since the offence was alleged to have been
                    committed, the publication has been classified
5                   Unrestricted;
             (b) the defendant believed on reasonable grounds
                    that the publication was not a submittable
                    publication or a publication classified
                    Category 1 restricted, Category 2 restricted
10                  or RC, as the case may be;
              (c) in the case of a publication classified
                    Category 1 restricted, the publication was
                    displayed on registered premises and the
                    publication and packaging complied with
15                  section 64(4); or
             (d) in the case of a publication classified Category
                    2 restricted, the publication was displayed on
                    registered premises and was not visible from
                    outside those premises or by a minor in the
20                  premises.
     (3)   A person must not leave on private premises, without
           the occupier's permission --
             (a) a submittable publication; or
             (b) a publication classified Category 1 restricted,
25                Category 2 restricted or RC.
           Penalty: $5 000.
     (4)   It is a defence to a prosecution for an offence against
           subsection (3)(a) to prove that since the offence was
           alleged to have been committed, the publication has
30         been classified Unrestricted.
     (5)   It is a defence to a prosecution for an offence against
           subsection (3) to prove that the defendant believed on
           reasonable grounds that the publication was not a

                                                                page 13
     Censorship Amendment Bill 2002
     Part 2        Amendments to Censorship Act 1996

     s. 10



                         submittable publication or a publication classified
                         Category 1 restricted, Category 2 restricted or RC, as
                         the case may be.
                                                                                     ".
5    10.           Section 76 amended
                   Section 76(4) is repealed and the following subsection is
                   inserted instead --
             "
                   (4)   If --
10                         (a)   a film is reclassified under section 39 or 97A of
                                 the Commonwealth Act; or
                          (b)    the Board revokes a classification or consumer
                                 advice for a film under section 22B(3) of that
                                 Act,
15                       display of the determined markings and consumer
                         advice applicable to the film before that classification
                         or revocation is sufficient compliance with this section
                         for a period of 30 days after the decision to reclassify
                         or revoke takes effect.
20                                                                                   ".
     11.           Section 78 replaced
                   Section 78 is repealed and the following section is inserted
                   instead --
     "
25           78.         Display of R film or containers
                         A person must not display in a public place --
                          (a) a film classified R; or
                          (b) the container, wrapping or casing for a film
                                classified R,
30                       with the intention of selling the film except in an area
                         of the public place set aside by that person, and

     page 14
                                             Censorship Amendment Bill 2002
                             Amendments to Censorship Act 1996       Part 2

                                                                             s. 12



                     conspicuously identified, as an area for the display of
                     films, or containers, wrapping or casings for films, with
                     that classification.
                     Penalty: $500.
5                                                                                ".
     12.       Section 79 amended
               After section 79(5) the following subsection is inserted --
           "
               (6)   A person must not supply to a minor a film classified X
10                   or RC or an unclassified film which would, if
                     classified, be classified X or RC.
                     Penalty: $15 000 or imprisonment for 18 months.
                                                                                 ".
     13.       Section 86 amended
15             Section 86(4) is repealed and the following subsections are
               inserted instead --
           "
               (4)   A person must not make a computer game available for
                     playing on a pay and play basis (for example, a coin
20                   operated arcade game) unless the determined markings
                     relevant to the classification of the computer game and
                     relevant consumer advice, if any, are displayed on the
                     device used for playing the game.
                     Penalty: $5 000.
25             (5)   If 2 or more computer games are available for playing
                     on a device referred to in subsection (4), the
                     determined markings and consumer advice to be
                     displayed on the device are those relevant to the
                     computer game with the highest classification under
30                   the Commonwealth Act.
               (6)   If --
                       (a) a computer game is reclassified under
                             section 39 of the Commonwealth Act; or

                                                                         page 15
     Censorship Amendment Bill 2002
     Part 2        Amendments to Censorship Act 1996

     s. 14



                               (b)   the Board revokes a classification or consumer
                                     advice for a computer game under
                                     section 22B(3) of that Act,
                             display of the determined markings and consumer
5                            advice applicable to the computer game before that
                             reclassification or revocation is sufficient compliance
                             with this section for a period of 30 days after the
                             decision to reclassify or revoke takes effect.
                                                                                       ".
10   14.             Section 88 amended
           (1)       Section 88(2) is amended by deleting "subsection (2)" and
                     inserting instead --
                     "     subsection (1)   ".
           (2)       After section 88(2) the following subsection is inserted --
15               "
                     (3)     A person must not supply to a minor a computer game
                             classified RC or an unclassified computer game which
                             would, if classified, be classified RC.
                             Penalty: $15 000 or imprisonment for 18 months.
20                                                                                     ".
     15.             Section 90 amended
           (1)       Section 90(1) is amended by inserting after "advertisement
                     for a" --
                     " publication or ".




     page 16
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                                   Amendments to Censorship Act 1996       Part 2

                                                                                   s. 16



           (2)       Section 90(2) is repealed and the following subsection is
                     inserted instead --
                 "
                     (2)   In subsection (1) --
5                          "unapproved advertisement" means an
                                advertisement that --
                                (a) has not been submitted for approval under
                                     section 29 of the Commonwealth Act and, if
                                     submitted, would be refused approval;
10                              (b) has been refused approval under section 29
                                     of the Commonwealth Act;
                                (c) was approved under section 29 of the
                                     Commonwealth Act but the approval was
                                     revoked under section 13(5) or 21A of that
15                                   Act; or
                                (d) is approved under section 29 of the
                                     Commonwealth Act subject to conditions,
                                     and is not published in accordance with
                                     those conditions.
20                                                                                     ".
     16.             Section 91 amended
                     Section 91(1) is amended as follows:
                       (a) in paragraph (a) by deleting "section 44" and inserting
                            instead --
25                          " section 33 of the Commonwealth Act ";
                      (b) by deleting "or" after paragraph (c);
                       (c) by deleting the full stop at the end of paragraph (d) and
                            inserting a semi-colon instead;
                      (d) by inserting after paragraph (d) --
30                        "
                             (e) a submittable publication; or
                             (f) a publication classified RC.
                                                                                       ".

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     Censorship Amendment Bill 2002
     Part 2        Amendments to Censorship Act 1996

     s. 17



     17.             Section 96 amended
           (1)       Section 96(1) is amended by inserting after "advertisement
                     for a" --
                     "     classified publication or a     ".
5          (2)       Section 96(2) is amended as follows:
                      (a) in paragraph (a) by inserting after "classification of
                            the" --
                            " publication or ";
                      (b) by deleting paragraph (b)(i) and the "and" following and
10                          inserting instead --
                                     "
                                           (i)   in the manner determined by the
                                                 Director under section 8 of the
                                                 Commonwealth Act; and
15                                                                                         ".
           (3)       Section 96(3) is repealed and the following subsection is
                     inserted instead --
                 "
                     (3)     If --
20                             (a)       a publication, film or computer game is
                                         reclassified under section 39 or 97A of the
                                         Commonwealth Act; or
                               (b)       the Board revokes a classification or consumer
                                         advice for a publication, film or computer game
25                                       under section 22B(3) of that Act,
                             display of the determined markings and consumer
                             advice applicable to the publication, film or computer
                             game before that reclassification or revocation is
                             sufficient compliance with subsection (1) for a period
30                           of 30 days after the decision to reclassify or revoke
                             takes effect.
                                                                                           ".

     page 18
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                                    Amendments to Censorship Act 1996       Part 2

                                                                                      s. 18



     18.             Section 97 amended
           (1)       Section 97(1) is amended as follows:
                      (a)    by inserting after "an advertisement for" --
                             " an unclassified publication or ";
5                     (b)    by inserting after "suggests that the" --
                             " publication, ".
           (2)       Section 97(2) is amended as follows:
                      (a) by inserting after "an advertisement for" --
                            " a classified publication or ";
10                    (b) by inserting after "suggests that the" --
                            " publication, ".
           (3)       Section 97(3) is repealed and the following subsection is
                     inserted instead --
                 "
15                   (3)    If --
                              (a)   a publication, film or computer game is
                                    reclassified under section 39 or 97A of the
                                    Commonwealth Act; or
                             (b)    the Board revokes a classification for a
20                                  publication, film or computer game under
                                    section 22B(3) of that Act,
                            display of the determined markings applicable to the
                            publication, film or computer game before that
                            reclassification or revocation is sufficient compliance
25                          with subsection (2) for a period of 30 days after the
                            decision to reclassify or revoke takes effect.
                                                                                        ".




                                                                                  page 19
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     Part 2        Amendments to Censorship Act 1996

     s. 19



     19.       Section 97A inserted
               After section 97 the following section is inserted --
     "
             97A.    Advertising of sale of publications
5              (1)   A registered person may display in that person's
                     registered premises a notice in the approved form that
                     publications classified Category 1 restricted or
                     Category 2 restricted are available for sale on those
                     premises.
10             (2)   Except as provided in this section, a person must not in
                     a public place publish or cause to be published
                     anything likely to be understood as conveying that the
                     person publishes or supplies publications classified
                     Category 1 restricted or Category 2 restricted.
15                   Penalty: $5 000.
               (3)   It is a defence to a charge of an offence under
                     subsection (2) for the person charged to prove that the
                     advertising is done in good faith solely for the purpose
                     of so informing only persons, or the employees or
20                   agents of persons, whose business is or includes the
                     sale of publications.
               (4)   In subsection (1) --
                     "approved form" means a notice approved by the
                          Minister.
25                                                                              ".
     20.       Section 98 amended
               Section 98 is amended as follows:
                 (a) by deleting "or" after paragraph (a);
                (b) by deleting the comma at the end of paragraph (b) and
30                    inserting instead --
                      " ; or ";

     page 20
                                                   Censorship Amendment Bill 2002
                                   Amendments to Censorship Act 1996       Part 2

                                                                                      s. 21



                 (c)        by inserting after paragraph (b) the following
                            paragraph --
                       "
                             (c)   a publication classified Category 1 restricted or
5                                  Category 2 restricted,
                                                                                        ";
                 (d)        by inserting after "marking for" --
                            " publications, ".

     21.     Section 99 amended
10           Section 99 is amended in paragraph (a) of the definition of
             "objectionable material" by deleting "refused publication" and
             inserting instead --
             "     publication classified RC         ".

     22.     Part 7A inserted
15           After Part 7 the following Part is inserted --
     "
                               Part 7A -- Call-in provisions
           102A.           Calling in submittable publications for classification
             (1)           If --
20                           (a)   the Director or the Minister has reasonable
                                   grounds to believe that a publication is a
                                   submittable publication; and
                            (b)    the publication is being published in Western
                                   Australia, or the Director or the Minister has
25                                 reasonable grounds to believe that it will be
                                   published in Western Australia,
                           the Director or the Minister may, by notice in writing
                           given to the publisher of the publication, require the
                           publisher to submit an application for classification of

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                     the publication, or of subsequent issues of the
                     publication, by the Board.
               (2)   The Director must cause notice of his or her decision
                     under subsection (1) to be published in the
5                    Commonwealth Gazette.
               (3)   The Minister must cause notice of his or her decision
                     under subsection (1) to be published in the Government
                     Gazette.
               (4)   A person to whom a notice under this section is given
10                   must, within 3 business days after receiving the notice,
                     comply with the notice.
                     Penalty: $10 000.
               (5)   It is a defence to a prosecution for an offence against
                     subsection (4) to prove that the defendant did not
15                   intend --
                        (a) to publish the publication in Western Australia;
                              or
                       (b) to cause, authorise, permit or license the
                              publication to be published in Western
20                            Australia.

             102B.   Calling in films for classification
               (1)   If --
                       (a)   the Director or the Minister has reasonable
                             grounds to believe that an unclassified film is
25                           not an exempt film; and
                      (b)    the film is being published in Western
                             Australia, or the Director or the Minister has
                             reasonable grounds to believe that it will be
                             published in Western Australia,
30                   the Director or the Minister may, by notice in writing
                     given to the publisher of the film, require the publisher
                     to submit an application for classification of the film.

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        (2)   The Director must cause notice of his or her decision
              under subsection (1) to be published in the
              Commonwealth Gazette.
        (3)   The Minister must cause notice of his or her decision
5             under subsection (1) to be published in the Government
              Gazette.
        (4)   A person to whom a notice under this section is given
              must, within 3 business days after receiving the notice,
              comply with the notice.
10            Penalty: $10 000.
        (5)   It is a defence to a prosecution for an offence against
              subsection (4) to prove that the defendant did not
              intend --
                 (a) to publish the film in Western Australia; or
15              (b) to cause, authorise, permit or license the film to
                       be published in Western Australia.
     102C.    Calling in computer games for classification
        (1)   If --
                (a) the Director or the Minister has reasonable
20                    grounds to believe that a computer game is
                      likely to contain contentious material; and
                (b) the computer game is being published in
                      Western Australia, or the Director or the
                      Minister has reasonable grounds to believe that
25                    it will be published in Western Australia,
              the Director or the Minister may, by notice in writing
              given to the publisher of the game, require the
              publisher to submit an application for classification of
              the game.




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               (2)   If --
                       (a)   the Director or the Minister has reasonable
                             grounds to believe that a computer game is not
                             an exempt computer game; and
5                      (b) the computer game is being published in
                             Western Australia, or the Director or the
                             Minister has reasonable grounds to believe that
                             it will be published in Western Australia,
                     the Director or the Minister may, by notice in writing
10                   given to the publisher of the computer game, require
                     the publisher to submit an application for classification
                     of the computer game.
               (3)   The Director must cause notice of his or her decision
                     under subsection (1) or (2) to be published in the
15                   Commonwealth Gazette.
               (4)   The Minister must cause notice of his or her decision
                     under subsection (1) or (2) to be published in the
                     Government Gazette.
               (5)   A person to whom a notice under this section is given
20                   must, within 3 business days after receiving the notice,
                     comply with the notice.
                     Penalty: $10 000.
               (6)   It is a defence to a prosecution for an offence against
                     subsection (5) to prove that the defendant did not
25                   intend --
                        (a) to publish the computer game in Western
                              Australia; or
                       (b) to cause, authorise, permit or license the
                              computer game to be published in Western
30                            Australia.




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     102D.   Calling in advertisements
       (1)   The Director or the Minister may, by notice in writing
             given to --
               (a) the publisher of a publication that --
5                       (i) the Director or the Minister has
                             reasonable grounds to believe is a
                             submittable publication; and
                       (ii) is being published in Western Australia,
                             or the Director or the Minister has
10                           reasonable grounds to believe will be
                             published in Western Australia;
               (b) the publisher of a classified film that is being
                     published in Western Australia, or that the
                     Director or the Minister has reasonable grounds
15                   to believe will be published in Western
                     Australia; or
               (c) the publisher of a computer game that is being
                     published in Western Australia, or that the
                     Director or the Minister has reasonable grounds
20                   to believe will be published in Western
                     Australia,
             require the publisher to submit to the Board for
             approval a copy of every advertisement used or
             intended to be used in connection with the publishing.
25     (2)   A person to whom a notice under this section is given
             must, within 3 business days after receiving the notice,
             comply with the notice.
             Penalty: $10 000.
       (3)   It is a defence to a prosecution for an offence against
30           subsection (2) to prove that the defendant did not
             intend --
                (a) to publish the publication, film or computer
                      game in Western Australia; or

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                      (b)    to cause, authorise, permit or license the
                             publication, film or computer game to be
                             published in Western Australia.

             102E.   Calling in a publication, film or computer game for
5                    reclassification
               (1)   If --
                       (a)   the Board proposes to reclassify a publication,
                             film or computer game under section 39 of the
                             Commonwealth Act; and
10                    (b)    the publisher of the publication, film or
                             computer game resides in Western Australia or
                             has an office in Western Australia,
                     the Director or the Minister may, by notice in writing
                     given to the publisher, require the publisher to submit a
15                   copy of the publication, film or computer game for the
                     purpose of reclassifying it.
               (2)   A person to whom a notice under this section is given
                     must, within 3 business days after receiving the notice,
                     comply with the notice.
20                   Penalty: $10 000.
               (3)   It is a defence to a prosecution for an offence against
                     subsection (2) to prove that the defendant did not have
                     a copy of the publication, film or computer game.

             102F.   Obtaining copies for review
25             (1)   If --
                       (a)   an application is made for a review of a
                             classification decision under the
                             Commonwealth Act by a person who is not the
                             original applicant for classification of the
30                           publication, film or computer game concerned;


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                    (b)     the Board or the Review Board does not have a
                            copy of the publication, film or computer game
                            and a copy is not available to it; and
                     (c)    the original applicant or the publisher of the
5                           publication, film or computer game resides in
                            Western Australia or has an office in Western
                            Australia,
                   the Director or the Minister may, by notice in writing
                   given to the original applicant or publisher, require the
10                 original applicant or publisher to make a copy of the
                   publication, film or computer game available for the
                   purpose of review.
           (2)     A person to whom a notice under this section is given
                   must, within 3 business days after receiving the notice,
15                 comply with the notice.
                   Penalty: $10 000.
           (3)     It is a defence to a prosecution for an offence against
                   subsection (2) to prove that the defendant did not have
                   a copy of the publication, film or computer game.
20                                                                             ".

     23.   Section 104 amended
           Section 104(1)(e) is amended by deleting "censor, the appeal
           censor" and inserting instead --
           "     Director   ".
25   24.   Section 105 amended
           Section 105(1) is amended as follows:
             (a) by deleting "censor" and inserting instead --
                  " Director ";
            (b) by inserting after "in relation to any" --
30                " publication, ".

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     25.         Section 106 amended
                 Section 106(1) and (3) are each amended by deleting "censor"
                 and inserting instead --
                 "    Director   ".
5    26.         Section 107 amended
                 Section 107 is amended by deleting "censor" and inserting
                 instead --
                 "    Director   ".

     27.         Section 108 amended
10         (1)   Section 108(1) is amended as follows:
                     (a)   by deleting "censor" and inserting instead --
                           " Director ";
                     (b)   by deleting "appropriate Gazette" and inserting
                           instead --
15                         " Commonwealth Gazette ".
           (2)   Section 108(2), (5) and (6) are each amended by deleting
                 "censor" and inserting instead --
                 "    Director   ".

     28.         Section 109 amended
20         (1)   Section 109(1) is amended by deleting "censor" and inserting
                 instead --
                 "    Director   ".
           (2)   Section 109(3) is amended by deleting "or censor".




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     29.   Section 110 amended
           Section 110(c) is deleted and the following paragraph is inserted
           instead --
                "
5                  (c) a submittable publication or a publication
                        classified Category 1 restricted, Category 2
                        restricted or RC.
                                                                           ".
     30.   Division heading inserted
10         After the heading to Part 9 the following Division heading is
           inserted --
           "    Division 1 -- General matters           ".

     31.   Section 116 amended
           Section 116(1) is amended as follows:
15             (a)       in paragraph (a) by inserting after "classified" --
                         "
                               or the defendant, by notice under section 141A,
                               agrees that the publication, film or computer
                               game if classified would have been the
20                             classification agreed
                                                                                   ";
               (b)       by deleting paragraph (b) and inserting instead --
                     "
                         (b)   may be commenced not later than 12 months
25                             after the date on which --
                                 (i) the publication, film or computer game
                                       was classified; or
                                (ii) the defendant returned the notice under
                                       section 141A,
30                             whichever is relevant.
                                                                                   ".

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     32.              Section 117 amended
           (1)        After section 117(2) the following subsection is inserted --
                 "
                     (2a)     If --
5                               (a)   a film classified RC or X;
                                (b)   a publication or computer game classified RC;
                                      or
                                (c)   child pornography,
                              has been lawfully seized under this Part but at the
10                            expiration of 12 months after the seizure no person has
                              been charged with an offence in relation to the seized
                              thing, the thing is forfeited to the Crown.
                                                                                            ".
           (2)        Section 117(3) is amended by inserting after "a thing" --
15                    "
                              , other than a thing referred to in subsection (2a)(a), (b)
                              or (c) or section 117A(1),
                                                                                            ".
           (3)        Section 117(7) is amended by deleting "ordered to be forfeited
20                    under this section" and inserting instead --
                      "     forfeited to the Crown under this Act    ".

     33.              Sections 117A and 117B inserted
                      After section 117 the following sections are inserted --
     "
25           117A.            Forfeiture of copies of seized publications, films and
                              computer games
                      (1)     Subject to the making of an order under subsection (7),
                              if --
                                 (a) proceedings are commenced for an offence
30                                   under section 61, 62, 63(1), 73, 81(1) or (2),

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                                                                   s. 33



                   84(1) or 89(1) in relation to 10 or more
                   different products ("the seized products"); and
            (b)    the seized products were seized on the same
                   day from the same premises,
5          then --
             (c) any other copies of the seized products seized
                    on that day from those premises ("the seized
                    copies") may be retained by the Crown until
                    the proceedings referred to in paragraph (a) are
10                  finished; and
             (d) if 10 or more of the seized products are
                    forfeited to the Crown as a result of those
                    proceedings, all of the seized copies of those
                    products not the subject of those proceedings
15                  are, at the expiry of the prescribed period, also
                    forfeited to the Crown.
     (2)   If the owner of any seized copies of products liable to
           forfeiture under subsection (1)(d) makes a written
           request to the Commissioner of Police within 2 months
20         after 10 or more seized products are forfeited to the
           Crown as a result of proceedings referred to in
           subsection (1)(a), that person must be allowed to view
           the seized copies at a time and place fixed by the
           Commissioner of Police.
25   (3)   The owner of any seized copy liable to forfeiture under
           subsection (1)(d) may, within the prescribed period, apply
           to a justice for an order for return of the seized copy.
     (4)   An applicant for an order under this section must give
           notice of the application to the Commissioner of
30         Police.
     (5)   The Commissioner of Police is a party to any
           proceedings for an order under this section.



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               (6)   If an application is made for an order under this
                     section, the seized copies may be retained by the
                     Crown until the application is determined but the
                     operation of subsection (1)(d) is suspended until the
5                    application is determined.
               (7)   The justice may, on an application under this section,
                     order that a seized copy to which the application relates
                     be returned to its owner if satisfied, on the balance of
                     probabilities, that --
10                     (a) in the case of a publication, the publication is
                             not a submittable publication or is classified
                             with a classification other than RC;
                       (b) in the case of a film, the film is classified with a
                             classification other than X or RC;
15                     (c) in the case of a computer game, the computer
                             game is classified with a classification other
                             than RC; and
                       (d) an offence under section 61, 62, 63(1), 73,
                             81(1) or (2), 84(1) or 89(1) was not committed
20                           in relation to the publication, film or computer
                             game.
               (8)   In this section --
                     "prescribed period" means --
                          (a) 2 months after the date on which 10 or more
25                              of the products seized on the same day from
                                the same premises are forfeited to the Crown
                                as a result of proceedings referred to in
                                subsection (1)(a); or
                          (b) if the owner requests permission to view the
30                              seized products, 2 months from the time
                                fixed by the Commissioner of Police for the
                                viewing;



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              "products" means publications, films or computer
                  games, and includes a combination of such
                  products.
        (9)   For the purposes of this section --
5              (a)   copies of the same publication, film or
                     computer game do not constitute different
                     products; and
               (b)   a publication, film or computer game is taken to
                     be a copy of a product if --
10                     (i) it is in the same form and has the same
                             cover and identifying markings as the
                             product; or
                      (ii) on a viewing, it is substantially the same
                             as the product.
15   117B.    Classification of seized items at request of defendant
        (1)   If --
                 (a) a publication, film or computer game has been
                      seized under this Act and is in the possession or
                      control of the prosecution; and
20               (b) the owner of the publication, film or computer
                      game, or a person charged with an offence
                      relating to the publication, film or computer
                      game, wishes to submit an application for
                      classification of the publication, film or
25                    computer game,
              the prosecution must, at the request of the person,
              forward the person's application with the publication,
              film or computer game, or a copy of the publication,
              film or computer game to the Board on behalf of the
30            person.
        (2)   Despite subsection (1), the prosecution may refuse to
              forward the application until all fees payable to the
              Board for the classification and the postage costs

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                     associated with the application are given to the
                     prosecution.
                                                                               ".
     34.       Part 9 Division 2 inserted
5              Before the heading to Part 10 the following Division is
               inserted --
     "
                        Division 2 -- Infringement notices
             117C.   Infringement notices
10                   In this Division --
                     "designated person" in section 117D, 117E, 117F or
                          117G means a person appointed under
                          section 117J to be a designated person for the
                          purposes of the section in which the term is used.

15           117D.   Giving of infringement notice
                     A member of the police force or a designated person
                     who has reason to believe that a person has committed
                     a prescribed offence under this Act may, within
                     35 days after the alleged offence is believed to have
20                   been committed, give an infringement notice to the
                     alleged offender.

             117E.   Content of infringement notice
               (1)   An infringement notice is to be in the prescribed form
                     and is to --
25                     (a) contain a description of the alleged offence;
                       (b) advise that if the alleged offender does not wish
                             to have a complaint of the alleged offence
                             heard and determined by a court, the amount of
                             money specified in the notice as being the
30                           modified penalty for the offence may be paid to



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                    a designated person within a period of 28 days
                    after the giving of the notice; and
              (c)   inform the alleged offender as to who are
                    designated persons for the purposes of
5                   receiving payment of modified penalties.
       (2)   In an infringement notice the amount specified as being
             the modified penalty for the offence referred to in the
             notice is to be the amount that was the prescribed
             modified penalty at the time the alleged offence is
10           believed to have been committed.
       (3)   The modified penalty that may be prescribed for an
             offence is not to exceed 20% of the maximum penalty
             that could be imposed for that offence by a court.

     117F.   Extension of time
15           A designated person may, in a particular case, extend
             the period of 28 days within which the modified
             penalty may be paid and the extension may be allowed
             whether or not the period of 28 days has elapsed.

     117G.   Withdrawal of infringement notice
20     (1)   A designated person may, whether or not the modified
             penalty has been paid, withdraw an infringement notice
             by sending to the alleged offender a notice in the
             prescribed form stating that the infringement notice has
             been withdrawn.
25     (2)   If an infringement notice is withdrawn after the
             modified penalty has been paid, the amount is to be
             refunded.




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             117H.    Benefit of paying modified penalty
                (1)   Subsection (2) applies if the modified penalty specified
                      in an infringement notice has been paid within 28 days
                      or such further time as is allowed and the notice has not
5                     been withdrawn.
                (2)   If this subsection applies it prevents the bringing of
                      proceedings and the imposition of penalties to the same
                      extent that they would be prevented if the alleged
                      offender had been convicted by a court of, and
10                    punished for, the alleged offence.
                (3)   Payment of a modified penalty is not to be regarded as
                      an admission for the purposes of any proceedings,
                      whether civil or criminal.

             117I.    Application of penalties collected
15                    An amount paid as a modified penalty is, subject to
                      section 117G(2), to be dealt with as if it were a penalty
                      imposed by a court as a penalty for an offence.

             117J.    Appointment of designated persons
                (1)   The Minister may, in writing, appoint persons or
20                    classes of persons to be designated persons for the
                      purposes of section 117D, 117E, 117F or 117G or for
                      the purposes of 2 or more of those sections.
                (2)   Without limiting subsection (1), the Minister may
                      appoint, under that subsection, persons or classes of
25                    persons appointed under the Public Service Act 1999 of
                      the Commonwealth, or an Act enacted in substitution
                      for that Act, to be designated persons for the purposes
                      of section 117D.




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             (3)   A person who is authorised to give infringement
                   notices under section 117D is not eligible to be a
                   designated person for the purposes of any of the other
                   sections.
5                                                                             ".

     35.     Part 10 repealed
             Part 10 is repealed.

     36.     Section 128A inserted
             After the heading to Part 11 the following section is inserted --
10   "
           128A.   Registrar
             (1)   The Minister is to appoint a person employed under
                   Part 3 of the Public Sector Management Act 1994 to be
                   the Censorship Registrar.
15           (2)   A person may hold the office of Registrar in
                   conjunction with any other office in the Public Service.
             (3)   The Registrar has the functions that are conferred by
                   this Act.
                                                                              ".

20   37.     Section 129 amended
             Section 129 is amended by deleting "restricted publications"
             and inserting instead --
             "
                   publications classified Category 1 restricted or
25                 Category 2 restricted, or both
                                                                              ".




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     38.       Section 141 replaced by sections 141 and 141A
               Section 141 is repealed and the following sections are inserted
               instead --
     "
5            141.    Evidence
                     In proceedings for an offence, a certificate signed or
                     purporting to be signed, by the Director or Deputy
                     Director and stating that --
                       (a) a film, publication or computer game is
10                          classified as specified in the certificate and, if
                            the case requires, the determined markings for
                            that type of classification are as specified in the
                            certificate;
                       (b) a classified film or a classified computer game
15                          specified in the certificate is modified in a
                            manner specified in the certificate;
                       (c) a publication, film or computer game is not
                            classified, or is not classified at a classification
                            specified in the certificate; or
20                     (d) an advertisement described in the certificate is
                            approved or has been refused approval or has
                            not been approved,
                     is evidence of, and in the absence of evidence to the
                     contrary is proof of, the facts stated in the certificate.

25           141A.   Proof of classification by agreement
               (1)   Subject to subsection (2), if a person is charged with an
                     offence against this Act, the prosecution may, prior to
                     the trial, give the defendant a notice --
                       (a) setting out --
30                               (i) the title or apparent title (if any) of the
                                      publication, film or computer game; and


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            (ii)   particulars of the offence in relation to
                   which the notice is served;
     (b)   stating that the defendant is entitled to view the
           publication, film or computer game;
5    (c)   inviting the defendant to indicate, by
           completing and signing a statement to that
           effect set out in the notice and returning the
           notice to an address set out in the notice, that
           the defendant agrees that, on a specified date,
10         the publication, film or computer game --
              (i) was classified at the specified
                   classification;
             (ii) was unclassified but would, if classified,
                   have been of the specified classification;
15                 or
            (iii) was unclassified,
           as the case may require; and
     (d)   stating that if the defendant does not indicate
           his or her agreement in accordance with
20         paragraph (c) within the period specified in the
           notice (being not less than the prescribed
           period), the defendant will, if found guilty of
           the offence specified in the notice, be liable to
           pay an amount equal to --
25            (i) if the offence in relation to which the
                   notice is served involves an allegation
                   that on a specified date, a publication,
                   film or computer game was unclassified
                   but would, if classified, have been of a
30                 particular classification -- the fee for
                   classification of the publication, film or
                   computer game; or




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                               (ii)   if the offence in relation to which the
                                      notice is served involves an allegation
                                      that, on a specified date, a publication,
                                      film or computer game was classified at
5                                     a particular classification or was
                                      unclassified -- the fee for obtaining a
                                      certificate of a kind described in
                                      section 141 specifying the classification
                                      of the publication, film or computer
10                                    game at that date or stating that the
                                      publication, film or computer game was
                                      unclassified at that date.
               (2)    This section does not apply where the offence with
                      which a person is charged involves an allegation that a
15                    publication, film or computer game was unclassified
                      but would, if classified, be classified at a classification
                      other than X or RC.
               (3)    A person served with a notice under this section must,
                      on making a written request to the prosecution within
20                    14 days from the date of service of the notice, be
                      allowed to view the publication, film or computer game
                      the subject of the notice at a time and place fixed by
                      the prosecution.
               (4)     In proceedings for an offence against this Act, a notice
25                     under this section containing a statement, completed
                       and signed by the defendant, that the defendant agrees
                       that, on a specified date, the publication, film or
                       computer game --
                         (a) was classified at the specified classification;
30                       (b) was unclassified but would, if classified, have
                               been of a specified classification; or
                         (c) was unclassified,
                     is evidence of, and in the absence of evidence to the
                     contrary is proof, of the matter agreed.

     page 40
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                    Amendments to Censorship Act 1996       Part 2

                                                                        s. 38



     (5)   If --
             (a)   a person served with a notice under this section
                   does not deliver the notice, duly completed and
                   signed, to the address specified in the notice
5                  within the period specified in the notice; and
             (b)   the person is found guilty of the offence
                   specified in the notice,
           the prosecution is entitled, on application to the court
           making the finding of guilt, to recover from the person
10         an amount equal to the fee described in the notice.
     (6)   In proceedings in which an application referred to in
           subsection (5) is made, a certificate signed or
           purporting to be signed by the Commissioner of Police
           and stating that --
15           (a) a person was served with a notice set out in the
                   certificate and did not return the notice, duly
                   completed and signed, to the address specified
                   in the notice within the period specified in the
                   notice; and
20           (b) that a specified amount was paid as the fee
                   described in the notice,
           is evidence of, and in the absence of evidence to the
           contrary is proof of, the facts stated in the certificate.
     (7)   If --
25           (a)   a notice is served under this section in relation
                   to an offence involving an allegation that a
                   publication, film or computer game was
                   unclassified but would, if classified, have been
                   of a specified classification;
30           (b)   the person served with the notice does not
                   return the notice, duly completed and signed, to
                   the address specified in the notice within the
                   period specified in the notice; and

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     Part 2        Amendments to Censorship Act 1996

     s. 39



                         (c)     the publication, film or computer game is
                                 subsequently classified at a higher classification
                                 than the classification specified in the notice,
                       this section applies as if the notice had specified that
5                      higher classification.
               (8)     In this section --
                       "prescribed period" means 14 days from the date of
                            service of the notice or, if the person served with
                            the notice requests that he or she be allowed to
10                          view the publication, film or computer game the
                            subject of the notice, 14 days from the time fixed
                            by the prosecution for the viewing.
                                                                                      ".

     39.       Various references to "Secretary" amended
15             In each place listed in the Table to this section "Secretary" is
               deleted and the following is inserted instead --
               "     Registrar    ".
                                            Table
               section 114(a) and (b)           section 133(1)
               section 117(7) and (8)           section 134(2), (3) (twice),
               section 129(1), (2) and              (4) (twice), (5) (twice)
                   (3) (twice)                  section 135(1), (2), (3),
               section 130(2) (twice) and           (4), (5)
                   (3) (twice)                  section 136
               section 131(1)(e) and            section 142(1)(d)
                   (2) (twice)
               section 132 (twice)




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                                                 Censorship Amendment Bill 2002
                                 Amendments to Censorship Act 1996       Part 2

                                                                                  s. 40



     40.         Provisions repealed
                 The provisions set out in the Table to this section are repealed.
                                          Table
                 section 67(2)                 section 139
                 section 75(2)                 section 142(1)(b), (c), (e)
                 section 83(2)                     and (f)
                 section 137                   Schedule 1
                 section 138

     41.         Various penalties amended
5          (1)   Each of the provisions listed in column 1 of the Table is
                 repealed and the provision listed in column 2 opposite the
                 repealed provision is inserted instead --
                 Column 1          Column 2
                 section 59(7)      (7) A person who contravenes subsection (1)
                                        or (3) commits an offence and is liable to
                                        a penalty of $10 000.
                 section 59(8)      (8) A person who contravenes subsection (2),
                                        (4), (5) or (6) commits an offence and is
                                        liable to a penalty of $5 000.
           (2)   The penalty at the foot of the provision listed in column 1 is
                 deleted and the penalty listed in column 2 opposite that
10               provision is inserted instead --
                 Column 1           Column 2
                 section 66         Penalty: $10 000.
                 section 67(1)      Penalty: $1 000.
                 section 68         Penalty: $15 000 or imprisonment for
                                         18 months.
                 section 69(1)      Penalty: $10 000.
                 section 69(2)      Penalty: $5 000.
                 section 69(3)      Penalty: $5 000.


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Part 2        Amendments to Censorship Act 1996

s. 41



          Column 1        Column 2
          section 70(1)   Penalty: $2 000.
          section 70(3)   Penalty: $2 000.
          section 71(1)   Penalty: $5 000.
          section 71(3)   Penalty: $5 000.
          section 72(1)   Penalty: $1 000.
          section 73      Penalty: $15 000 or imprisonment for
                               18 months.
          section 74      Penalty: $10 000.
          section 75(1)   Penalty: $1 000.
          section 76(1)   Penalty: $5 000.
          section 76(2)   Penalty: $5 000.
          section 76(3)   Penalty: $5 000.
          section 77(1)   Penalty: $5 000.
          section 79(1)   Penalty: $5 000.
          section 79(4)   Penalty: $2 000.
          section 80      Penalty: $5 000.
          section 81(1)   Penalty: $10 000.
          section 81(2)   Penalty: $10 000.
          section 82      Penalty: $10 000.
          section 83      Penalty: $1 000.
          section 84(1)   Penalty: $15 000 or imprisonment for
                               18 months.
          section 85(1)   Penalty: $5 000.
          section 85(2)   Penalty: $2 000.
          section 85(3)   Penalty: $2 000.
          section 86(1)   Penalty: $5 000.
          section 86(2)   Penalty: $5 000.
          section 86(3)   Penalty: $5 000.
          section 87(1)   Penalty: $5 000.
          section 88(1)   Penalty: $5 000.
          section 89(1)   Penalty: $10 000.

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                                 Censorship Amendment Bill 2002
                 Amendments to Censorship Act 1996       Part 2

                                                             s. 41



Column 1            Column 2
section 89(2)       Penalty: $10 000.
section 89(3)       Penalty: $5 000.
section 90(1)       Penalty: $5 000.
section 91(1)       Penalty: $5 000.
section 92          Penalty: $2 000.
section 93(1)       Penalty: $2 000.
section 94          Penalty: $2 000.
section 95          Penalty: $2 000.
section 96(1)       Penalty: $2 000.
section 97(1)       Penalty: $2 000.
section 97(2)       Penalty: $2 000.
section 98          Penalty: $2 000.
section 101(1)      Penalty: $15 000 or imprisonment for
                         18 months.
section 102(1)      Penalty: $5 000.
section 102(2)      Penalty: $5 000.




                                                           page 45
     Censorship Amendment Bill 2002
     Part 3        Other amendments, transitional and savings provisions

     s. 42



     Part 3 -- Other amendments, transitional and savings
                        provisions
     42.       The Criminal Code amended
               Section 204A(1) of The Criminal Code* is amended in the
5              definition of "offensive material" by deleting paragraphs (e), (f)
               and (g) and inserting instead --
                   "
                         (e)    a publication, within the meaning of the
                                Classification (Publications, Films and
10                              Computer Games) Act 1995 of the
                                Commonwealth, that has been classified RC,
                                Category 1 restricted or Category 2 restricted
                                under that Act;
                          (f)   a film, within the meaning of the
15                              Classification (Publications, Films and
                                Computer Games) Act 1995 of the
                                Commonwealth, that has been classified RC
                                or X under that Act; and
                         (g)    a computer game, within the meaning of the
20                              Classification (Publications, Films and
                                Computer Games) Act 1995 of the
                                Commonwealth, that has been classified RC
                                under that Act.
                                                                                 ".
25             [* Reprinted as at 9 February 2001 as the Schedule to the
                  Criminal Code Act 1913 appearing in Appendix B to the
                  Criminal Code Compilation Act 1913.
                  For subsequent amendments see Act No 23 of 2001.]




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                                                    Censorship Amendment Bill 2002
                 Other amendments, transitional and savings provisions      Part 3

                                                                                  s. 43



     43.          Constitution Acts Amendment Act 1899 amended
                  Schedule V Part 3 of the Constitution Acts Amendment
                  Act 1899* is amended by deleting "The Censorship Advisory
                  Committee established under the Censorship Act 1996.".
5                 [* Reprinted as at 8 June 2001
                     For subsequent amendments see Acts Nos. 76 of 2000 and
                     12 of 2001.]

     44.          Co-operative Schemes (Administrative Actions) Act 2001
                  amended
10         (1)    The amendments in this section are to the Co-operative Schemes
                  (Administrative Actions) Act 2001.
           (2)    Section 3 is amended after paragraph (a) in the definition of
                  "commencement time" by deleting "or" and inserting --
                       "
15                         (aa)   in relation to the Censorship Act 1996 -- the
                                  time when section 43 of the Censorship
                                  Amendment Act 2002 comes into operation; or
                                                                                    ".
           (3)    After section 4(1)(a) the following paragraph is inserted --
20                     "
                           (aa)   the Censorship Act 1996;
                                                                                    ".

     45.          Transitional and savings provisions: publications
           (1)    A publication that --
25                 (a) has been classified Unrestricted under the Censorship
                         Act 1996; and
                   (b) has not been classified under the Commonwealth Act,
                  is taken to have been classified Unrestricted under the
                  Commonwealth Act until it is classified under that Act.


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     Censorship Amendment Bill 2002
     Part 3        Other amendments, transitional and savings provisions

     s. 45



        (2)    A publication that --
                (a) has been classified restricted under the Censorship
                      Act 1996; and
                (b) has not been classified under the Commonwealth Act,
5              is taken to have been classified Category 2 restricted under the
               Commonwealth Act until it is classified under that Act.
        (3)    A publication that --
                (a) has been classified refused under the Censorship
                      Act 1996; and
10              (b) has not been classified under the Commonwealth Act,
               is taken to have been classified RC under the Commonwealth
               Act until it is classified under that Act.
        (4)    If a publication --
                 (a)   is classified Category 1 restricted under the
15                     Commonwealth Act; or
                (b)    is classified Category 2 restricted under the
                       Commonwealth Act, or is taken to be so classified under
                       subsection (3) of this section,
               a person selling or supplying the publication is not required to
20             comply with section 64(4) or 65(6) of the Censorship Act 1996
               as amended by this Act for a period of 90 days after the coming
               into operation of this Act.
        (5)    A person who, immediately before the commencement of this
               section, is a registered person is taken, under and subject to the
25             Censorship Act 1996, to be registered for the purpose of selling
               publications classified Category 1 restricted and Category 2
               restricted.




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                                                    Censorship Amendment Bill 2002
                 Other amendments, transitional and savings provisions      Part 3

                                                                               s. 46



     46.          Transitional and savings provisions: films and
                  advertisements
           (1)    A film that --
                   (a) has been classified G, PG, M, MA, R, X or RC under
5                         the Censorship Act 1996; and
                   (b) has not been classified under the Commonwealth Act,
                  is taken to have been so classified under the Commonwealth
                  Act.
           (2)    An advertisement for a film that, before the commencement of
10                this section --
                    (a) has been approved or refused approval under the
                          Censorship Act 1996; and
                    (b) has not been approved or refused approval under the
                          Commonwealth Act,
15                is taken to have been so approved or refused approval under the
                  Commonwealth Act.
           (3)    If a certificate of exemption in respect of an unclassified film
                  has been granted under the Censorship Act 1996 and is in force,
                  the certificate is taken to have been granted under section 33 of
20                the Commonwealth Act.

     47.          Transitional and savings provisions: computer games
           (1)    A computer game that --
                    (a)   has been classified G, G(8+), M(15+), MA(15+) or RC
                          under the Censorship Act 1996; and
25                  (b)   has not been classified under the Commonwealth Act,
                  is taken to have been so classified under the Commonwealth
                  Act.




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     Censorship Amendment Bill 2002
     Part 3        Other amendments, transitional and savings provisions

     s. 48



           (2)   An advertisement for a computer game that --
                  (a) has been approved or refused approval under the
                       Censorship Act 1996; and
                  (b) has not been approved or refused approval under the
5                      Commonwealth Act,
                 is taken to have been so approved or refused approval under the
                 Commonwealth Act.
           (3)   Section 86(4) and (5) of the Censorship Act 1996, as inserted by
                 section 13 of this Act, apply to a computer game whether
10               published before or after the commencement of section 13 of
                 this Act.

     48.         Transitional: calling in, review and reclassification
           (1)   Sections 102A, 102B, 102C and 102D of the Censorship
                 Act 1996, as inserted by section 22 of this Act, only apply to --
15                (a) a publication, film or computer game first published on
                        or after the commencement of section 22 of this Act; or
                  (b) a publication, film or computer game for which an
                        application for classification is made on or after that
                        commencement.
20         (2)   Sections 102E and 102F of the Censorship Act 1996, as inserted
                 by section 22 of this Act, apply to a publication, film or
                 computer game whether published before or after the
                 commencement of section 22 of this Act.

     49.         Transitional: offences
25               Section 141A of the Censorship Act 1996 as amended by this
                 Act applies in relation to proceedings for offences commenced
                 after the commencement of section 38 of this Act whether the
                 offences were committed before or after the commencement of
                 section 38.




 


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