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


CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT AMENDMENT BILL 2012

                     Western Australia


  Classification (Publications, Films and
Computer Games) Enforcement Amendment
                  Bill 2012

                        CONTENTS


 1.    Short title                                          2
 2.    Commencement                                         2
 3.    Act amended                                          2
 4.    Section 3 amended                                    2
 5.    Section 57 amended                                   2
 6.    Section 84 amended                                   3
 7.    Section 85 amended                                   3
 8.    Section 85A amended                                  4
 9.    Section 88 amended                                   4
 10.   Section 89 amended                                   5
 11.   Section 92 amended                                   5
 12.   Section 94 amended                                   5
 13.   Section 95 amended                                   6
 14.   Section 110 amended                                  6
 15.   Section 153A inserted                                6
       153A.    Change of classification of computer
                games from MA 15+ to R 18+             6




                          306--2                            page i
                           Western Australia


                      LEGISLATIVE COUNCIL

                      (As amended in Committee)


    Classification (Publications, Films and
  Computer Games) Enforcement Amendment
                    Bill 2012


                               A Bill for


An Act to amend the Classification (Publications, Films and
Computer Games) Enforcement Act 1996.



The Parliament of Western Australia enacts as follows:




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     Classification (Publications, Films and Computer Games) Enforcement
     Amendment Bill 2012



     s. 1



1    1.       Short title
2             This is the Classification (Publications, Films and Computer
3             Games) Enforcement Amendment Act 2012.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 come into operation on the day on
7                    which this Act receives the Royal Assent (assent day);
8              (b) the rest of the Act --
9                       (i) comes into operation on 1 January 2013 if assent
10                          day is not later than that day; or
11                     (ii) is deemed to have come into operation on
12                          1 January 2013 if assent day is later than that
13                          day.

14   3.       Act amended
15            This Act amends the Classification (Publications, Films and
16            Computer Games) Enforcement Act 1996.

17   4.       Section 3 amended
18            In section 3 in the definition of contentious material delete
19            "MA 15+ or" and insert:
20

21            MA 15+, R 18+ or
22


23   5.       Section 57 amended
24            In section 57(c) delete "M or MA 15+; or" and insert:
25

26            M, MA 15+ or R 18+; or
27




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                                                                                  s. 6


1    6.          Section 84 amended
2                In section 84(2) delete "RC," and insert:
3

4                RC or R 18+,
5

6                Note: The heading to amended section 84 is to read:

7                        RC and R 18+ computer games, sale etc. of

8    7.          Section 85 amended
9         (1)    In section 85(1) after "classified" insert:
10

11               R 18+ or
12

13        (2)    In section 85(2):
14                 (a) in paragraph (a) after "be classified" insert:
15

16                         R 18+ or
17

18                 (b)     in paragraph (b) after "classified" insert:
19

20                         R 18+ or
21

22        (3)    After section 85(2) insert:
23

24              (3A)     A person must not demonstrate in a place that is not a
25                       public place, in the presence of a minor --
26                         (a) an unclassified computer game that would, if
27                               classified, be classified R 18+; or




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     Amendment Bill 2012



     s. 8


1                       (b)   a computer game classified R 18+,
2                     unless that person is a parent or guardian of the minor.
3                     Penalty: a fine of $2 000.
4             (3B)    It is a defence to a charge of an offence against
5                     subsection (3A) for the person charged to prove that
6                     the person believed on reasonable grounds that the
7                     minor was an adult.
8

9              Note: The heading to amended section 85 is to read:

10                   R 18+ and MA 15+ computer games, demonstration of

11   8.        Section 85A amended
12             In section 85A(a) and (b) after "classified" insert:
13

14             R 18+ or
15

16             Note: The heading to amended section 85A is to read:

17                   R 18+ and MA 15+ computer games, containers etc., display of in
18                   public

19   9.        Section 88 amended
20             Before section 88(1) insert:
21

22            (1A)    A person must not sell or supply to a minor a computer
23                    game classified R 18+ unless the person is a parent or
24                    guardian of the minor.
25                    Penalty: a fine of $5 000.
26            (1B)    It is a defence to a charge of an offence against
27                    subsection (1A) for the person charged to prove that --
28                       (a) the minor produced to the person charged or
29                             that person's employee or agent acceptable
30                             proof of age before the person charged sold or

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           Classification (Publications, Films and Computer Games) Enforcement
                                                            Amendment Bill 2012



                                                                              s. 10


1                              supplied the computer game to the minor and
2                              the person charged or that person's employee or
3                              agent believed on reasonable grounds that the
4                              minor was an adult; or
5                        (b)   the minor was employed by the person charged
6                              or that person's employer and the supply took
7                              place in the course of that employment.
8


9    10.         Section 89 amended
10         (1)   In section 89(2) after "be classified" insert:
11

12               R 18+ or
13

14         (2)   In section 89(3) after "classified" insert:
15

16               R 18+ or
17


18   11.         Section 92 amended
19               In section 92(2) in the Table item 5 delete "MA 15+," and
20               insert:
21

22               R 18+, MA 15+,
23


24   12.         Section 94 amended
25               In section 94(2) in the Table item 5 delete "MA 15+," and
26               insert:
27

28               R 18+, MA 15+,
29




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     Classification (Publications, Films and Computer Games) Enforcement
     Amendment Bill 2012



     s. 13


1    13.         Section 95 amended
2          (1)   In section 95(1) in the Table after item 4 insert:
3

                 5              R 18+         R 18+, MA 15+, M, PG or G
4

5          (2)   In section 95(2) in the Table after item 4 insert:
6

                 5              R 18+         R 18+, MA 15+, M, PG or G
7

8          (3)   In section 95(3) delete "computer film" and insert:
9

10               film
11


12   14.         Section 110 amended
13               In section 110(b) delete "RC or" and insert:
14

15               RC, R 18+ or
16


17   15.         Section 153A inserted
18               Before section 153 insert:
19


20           153A.      Change of classification of computer games from
21                      MA 15+ to R 18+
22                      If --
23                        (a)    immediately before the coming into operation
24                               of this section, a computer game is classified
25                               MA 15+; and
26                       (b)     within 12 months after the coming into
27                               operation of this section, the computer game

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                                                      Amendment Bill 2012



                                                                    s. 15


1                      becomes classified R 18+ under the
2                      Commonwealth Act; and
3                (c)   within 90 days after the change in
4                      classification, a person commits an offence in
5                      relation to the computer game under section 85,
6                      85A, 86, 88, 89, 92, 94 or 95 (the relevant
7                      section); and
8                (d)   the person would not have committed any
9                      offence under the relevant section if the
10                     computer game had still been classified
11                     MA 15+,
12             then the person is taken not to have committed an
13             offence under the relevant section.
14




 


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