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This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 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 page 2 Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2012 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 page 3 Classification (Publications, Films and Computer Games) Enforcement 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 page 4 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 page 5 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 page 6 Classification (Publications, Films and Computer Games) Enforcement 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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